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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47621
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I currently work for a small restaurant in Morningside, I

Resolved Question:

I currently work for a small restaurant in Morningside, I started here no more than 3 months ago and had a holiday booked before I came here. The holiday duration was two weeks, and when I came back we got paid 5 days later but my wages had £500 missing, i questioned the owner about the pay and he told me I have to accrue my holidays before I am aloud to take them? I am under the impression that I am entitled to 28 days holiday and if I take more holiday days than I accrue in the time I work there I then pay the company what I owe, are they aloud to deduct my wages in this case or should I go further with it?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

Has your employer confirmed whether you have accrued any holiday to date? Please can you also tell me whether this a part time or full time position? Thank you

Customer: replied 11 months ago.
In the time I have worked here I accrued 5 days holiday, with it being 2.33 days per month, this is a full time, salary also. Working more than 55 hours a week also.
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. As we are practising lawyers and do this in our spare time there may be a slight delay in getting back to you as I have been in the final day of a complex trial today which should be finishing shortly. Rest assured that I am dealing with your query and will respond as soon as I can, no later than tomorrow at the latest. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you for your understanding

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. Whilst your understanding is correct, this does not apply in the first year of employment. So in that first year the employer can require you to accrue the holidays first before you are allowed to take them or get paid for them. Once you have gone over that first year you are allowed to take the holidays even if you have not yet accrued them and get paid for them. If you then leave and have taken more than what you had accrued, the employer can deduct the extra from your wages on leaving. However, in the first year the rule under the Working Time Regulations is that you must have accrued the holidays before you get paid for them.

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

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for clearing this up for me. I wasn't particularly looking for a good or bad answer but just the right one. Now i know that he isn't in the wrong and it doesn't have to go any further. Thank you for your time and I will be happy to leave a rating for you.Many thanks
***** *****
Expert:  Ben Jones replied 11 months ago.

You are most welcome, all the best

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