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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a contract a week - I work 5.5 hours on a

Resolved Question:

I have a contract for 24hrs a week - I work 5.5 hours on a Monday, 9.25 hours on Wednesday and 9.25 hours on Fridays and because I did not have enough holiday hours left I was not paid for Christmas day (Friday), New Years day (Friday)and subsequent bank holiday Monday (as boxing day fell on a Saturday) I work in a Shop which was closed, so I couldn't work. Is it right that I lose the pay for these days? Any remaining holiday was used up and the remaining lost hours were not paid, making a shortfall in my wages of well over £100.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
how can I help with this please?
Customer: replied 1 year ago.
Hi Jo
I would like a response to the question answered above
Customer: replied 1 year ago.
I have already given you all the details. Could you answer the questions already asked
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Does your contract state that you would be expected to use up your holidays for the Christmas period? Or does it state that the shop will shut down on specific days?
Customer: replied 1 year ago.
No it doesn't specify. Just says I have a contract for 24hrs a week. And 28 days holiday including bank holidays pro rata. However as the shop was closed, I couldn't work my 24 contracted hours
Expert:  Ben Jones replied 1 year ago.
In the circumstances you should be paid for these days because your employer did not have a clause requiring you to take the time off, neither did it exercise its right to force you to take your holidays during that period. They could have given you notice to take any holidays you have left to cover these days but if you did not have any allowance left the they could not have done so. In the absence of a clause saying that there is a shutdown period during which you do not get paid, they will have to pay you as it would otherwise amount to unlawful deduction of wages. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow in order to pursue this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46196
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. So as mentioned, this likely amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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