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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44961
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My hourly rate is broken down into 2 parts. Rate 1 and rate

Customer Question

My hourly rate is broken down into 2 parts. Rate 1 and rate 2. When working I get paid both rates but when on holiday only rate 1. I have put in a claim for underpaid holiday through ACAS with a view to a tribunal if necessary. I am also owed 5 days pay. I have received an offer from my employer going back a year to when there was a 3 month break in my holidays. I want to know can I go back further ie.6 years using county court by doing a breach of contract claim for the 5 days unpaid pay with the holiday pay claim as an add on.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.
Why has this not come to attention earlier?
Customer: replied 9 months ago.
I has come to light through conversations with workmates who are on different terms. I realise we missed the 6 month deadline the government gave for long term backdated claims but wondered if doing claim as an add on gets round this.
Expert:  Ben Jones replied 9 months ago.
Why have they not paid you he 5 days?
Customer: replied 9 months ago.
Just an error. They have admitted they owe 4 but I have checked my time sheets and it is 5 . They still haven't paid it though.
Customer: replied 9 months ago.
What I need to know is the missing wages are breach of contract ( they are owed from May last year) aren't they so can I use county court for this and the holiday pay issue.
Expert:  Ben Jones replied 9 months ago.
You are free to make a claim for the 5 days underpayment as that is a contractual matter and the civil courts will have jurisdiction to hear it. When it comes to the claim for holidays, the matter is more complex. First of all, your annual allowance can be broken down into two separate pars – statutory entitlement (5.6 weeks for full time workers) and additional contractual leave (anything in addition to that). However, claims for underpayment of statutory holiday pay do not involve a claim for sums due under the contract as such. Rather, the sums are due by virtue of a statutory right under the Working Time Regulations 1998. Contractual holiday pay on the other hand can be sued for in the courts. So if you only received the statutory holiday allowance you cannot claim in the county court but for anything on top of that you can. Then there is another consideration. The Deduction from Wages (Limitation) Regulations 2014 came into force on 8 January 2015 and provide for a 2-year limit on claiming for any wage-related matters, including holiday pay. So even if you make a claim for contractual holiday pay, you would be limited to going back 2 years, rather than the usual 6. 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 9 months ago.
So are you saying I can use the county court for the holiday part of my claim at the same time as for the wages claim but I will only be able to go back 2 years the same as at tribunal and will that 3 month gap rule in holidays still apply which means I can only go back as far as last Easter.
Expert:  Ben Jones replied 9 months ago.
How many days per week do you work and what is your holiday allowance?
Expert:  Ben Jones replied 9 months ago.
Hello not sure if you saw my follow up query above - how many days per week do you work and what is your annual holiday allowance?

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