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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer did not pay my 2015 holiday despite my asking

Customer Question

My employer did not pay my 2015 holiday despite my asking them. Unfortunately, I am no longer working with them because the company lost contract and intend keeping me on zero hours
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.

Expert:  Ben Jones replied 1 year ago.

How long did you work there for? Also, how long ago did you leave?

Customer: replied 1 year ago.
I worked with the company for 17months December 2014 to April 2016I left them officially in June 2016 after I was held at home with no job for over a month
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response and thank you for your live phone call request. I am unable to speak at the moment but I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Any update
Expert:  Ben Jones replied 1 year ago.

Apologies for not being able to reply until now, I had some connection issues last night but all seems to be resolved now. I have accepted your call offer and will try calling, but in the meantime can you please confirm if the holiday you are owed is just your standard statutory allowance, or is it an enhanced entitlement on top of the minimum you get by law?

Expert:  Ben Jones replied 1 year ago.

Hi I tried calling a few times earlier this evening but it always said that I have dialled an incorrect number. I checked the exact number several times and it is the correct one so not sure why I have been unable to get through? I can continue on here for now if you can please answer my last question above, thank you

Customer: replied 1 year ago.
It is the statutory holidays
Customer: replied 1 year ago.
Can I send you the email I wrote to the organisation recently and especially Gary McConnell, the National Manager
Customer: replied 1 year ago.
Can I cancel the phone call then please?
It is too expensive for me. I was somehow misinformed about the telephone cost £40 was deducted on top of £38 the fee
Expert:  Ben Jones replied 1 year ago.

Hi there, you can of course cancel the phone call as we never managed to do that, just contact customer services via the Help or Contact Us section on the site and ask for a refund on that particular part of the payment.

In terms of your original query, there will be an issue for you here unfortunately. Non-payment of holiday pay is an unlawful deduction of wages, against which you are protected and can make a claim against the employer. However, there is a strict time limit of 3 months from the date the holidays became due for payment to make a claim for that in the employment tribunal. If you were due your holidays for 2015 then assuming the holiday year runs until the end of 2015, the time limit to claim would have been by the end of March 2016 as that is 3 months from when it would have been due.

This is the only way you can pursue unpaid holidays as you are not able to make a breach of contract claim in the county court instead. So you can only take this further if you can show that you are still within the 3 months required to make a claim from the time the holiday became due for payment.

Customer: replied 1 year ago.
Can I have your email address please to forward the correspondence between the employer and myself and the employer in the past 72hrs, at least
Thanks
Expert:  Ben Jones replied 1 year ago.

You can upload them on here using the paperclip icon

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