Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Apologies for the slight delay. How long have you worked there please?
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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.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you were to take legal action over this, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
You are welcome, all the best