How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48201
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I worked company 6 months and than for

Customer Question

hi, i worked for a company for around 6 months and than for qualification reasons i got forced to leave the job. However i earned 2 days of holidays according to the company, I made several attempts to request this 2 days pay and got promised that the money would be deposited into my account the next month. Last attempt I made was tuesday were I went to the club and spoke to the manager so she could sort it out, she said the money would be on my account the next day and for my surprise its not. what can i do legally to force them to pay me as i attempted so many times and nothing is being done?
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. When did you leave?
Customer: replied 1 year ago.
The company o worked for was called The city point club, few weeks after I got hired i got taken over Nuffield health, with all the changes of company Nuffield wanted me to attend a 5 day course for personal trainer. i attended 4 days and the last day I could not attend so i missed the final assessment. few weeks after i got called for a meeting with the new manager in which told me that i had 30 days to get qualified and pay for it my self, that was impossible as the fast track personal trainer courses are a minimum of 6 weeks. So in october i got "forced" to leave and since than every month I' ve been trying to get these holiday pay
Expert:  Ben Jones replied 1 year ago.
When was your final payment due from that company?
Customer: replied 1 year ago.
my last payment for was 1st of october
Customer: replied 1 year ago.
are you there?
Expert:  Ben Jones replied 1 year ago.
Yes I just need to check a couple of things as the laws changed recently
Customer: replied 1 year ago.
no problem, i will be waiting. thank you
Expert:  Ben Jones replied 1 year ago.
If you were not paid the holidays you were due that would amount to an unlawful deduction of wages. You could make a claim in the employment tribunal for that but there is a strict time limit of 3 months from the date you were due to be paid for them. If this date was 1 October, then your claim should have been submitted no later than 31 December. As you can see you are now actually out of time to claim for this holiday through the tribunal. Previously, if you were out of time to claim in the tribunal you could have gone to the county court but the laws changed in 2014 and the Deduction from Wages (Limitation) Regulations 2014 introduced a ban on employees being able to claim for unpaid holidays through the county court. Therefore, the only place you could have pursued this is in the employment tribunal but that must be done within 3 months of the holiday becoming due, which unfortunately means you are now out of time to make a claim. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
so in other words there is nothing i could do to get paid?
Expert:  Ben Jones replied 1 year ago.
Now that you are out of time to make a tribunal claim, you are entirely relying on the employer's discretion to pay you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best