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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Let me set the scene .... Employed 22 June - 13 Nov 2015 Contract

Customer Question

Let me set the scene ....
Employed 22 June - 13 Nov 2015
Contract states 2 days holiday accrued per full completed month
3 week holiday taken in August (no holiday pay)
No holiday paid at all during time with company
Resignation given and notice period taken as compassionate leave due to emergency
Q: How many days holiday am I owed in my final payment by the employer?!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Why were you not paid for the holiday taken in August?
Customer: replied 1 year ago.
Hi Ben, thanks for getting in touch so quickly. My name is ***** ***** I am asking the question on behalf of my husband.The company, we now unfortunately know, operates most unprofessionally! The owner, who I may add pays all his workers manually from his phone and under the name of more than 1 company (!) stated that the holiday would need to accrue first as my husband had not been at the company very long. My husband, therefore, was paid for 1 week in August.His final pay did not include what we believe is the correct number of days' holiday pay and so, after much frustration, we have gone down the early conciliation route with ACAS. They have made an offer according to the number of days they think is owing but I wanted an objective third party view on what is factually correct!Thanks in advance for your help,
Miriam.
Expert:  Ben Jones replied 1 year ago.
How many days per week was he contracted to work?
Customer: replied 1 year ago.
As per his contract: Monday to Saturday 8am-6pm and the company does not recognise any bank holidays.I can attach a copy of the shortened contract if it helps?!Thanks,
Miriam.
Expert:  Ben Jones replied 1 year ago.
No need, thanks. So as he was working 6 days per week he would be entitled to the maximum statutory holiday entitlement of 28 days per year. This is his legal entitlement, based on the number of days he works, the employer cannot give him less than that. So the fact that they only gave him 24 days a year means they were already giving him less than what he was entitled to by law. In terms of what he had accrued during his time there, that would be 11.1 days in total. If he took 3 weeks’ holiday and was not paid for them at all, then when his employment terminated he would still be entitled to recover the 11.1 days he had accrued during his employment with them. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks Ben. I was pushing for 8 days with the impression that it was 4 completed months worked x 2 days accrued. The company was arguing that only 4 days were owing. Your response therefore has been extremely helpful and I will rate accordingly.Thanks again,
Miriam.
Expert:  Ben Jones replied 1 year ago.
You are welcome, you can get formal confirmation here:
https://www.gov.uk/calculate-your-holiday-entitlement

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