Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
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Many thanks for your patience. The strict legal position is that if you have taken more holidays than you were due under contract or by law, then that is not something which the employer must honour and pay you for. Essentially it is your responsibility to ensure that you have taken the correct leave, regardless of what the employer has said. The moral position is that if they have told you that you have this leave to take and have maintained this consistently, that they should honour it. However, it is only a moral argument rather than a legal one. So essentially if this ends up in court or tribunal, the likelihood is that the employer will be in the right and not have to pay you for this leave. Nevertheless, it does not prevent you from challenging them over this and the more of you that do it together the better. So you may wish to consider raising a collective grievance to challenge the employer’s actions. You can appeal if you disagree with the decision. If the appeal is also rejected then you are looking at tribunal action as the only option left but as mentioned when you look at this legally the employer would potentially be able to defend this so think carefully whether you wish to go that far.
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