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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47903
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can my former employer ask for holiday pay that they already

Customer Question

Can my former employer ask for holiday pay that they already paid me back because I gave less than 24hrs notice. The holiday pay was owed to me and they actually owe me three more days holiday pay. They are now trying to say that I was on a probationary period and that they didn't have to pay me anything. I had no contract or a written statement of employment with this company. Please help me with this situation. Thanks
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

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

Expert:  Ben Jones replied 10 months ago.

When did you leave?

Customer: replied 10 months ago.
I left on the 2nd of October after my holidays
Customer: replied 10 months ago.
I was working with them for four and a half months and got paid for 8 days holidays
Customer: replied 10 months ago.
This is the employers statement.We are seeking to claim over payment of salary. Employee left without providing 1 months notice period before handing his notice in and was provided a paid holiday leave during his probationary period on the understanding he would be with the company for at least 1 year or for sometime, that being at least 6 months probationary period. He used the paid holiday time to seek other employment and provided less than 24hrs to hand in his notice.”
Expert:  Ben Jones replied 10 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Can I just check if you only gave them 24h notice to leave their employment?

Customer: replied 10 months ago.
thats correct
Expert:  Ben Jones replied 10 months ago.

Thank you. Under law you would have been required to give them a week’ notice for leaving, even if there was no contract in place. However, the fact you gave them less than that does not allow them to withhold your holiday pay – this is something you are entitled to by law and the employer has a legal obligation to pay you for any taken or outstanding holidays when you leave. If they refuse to do so then they will be guilty of making unlawful deduction from your wages and you can take this further if needed.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the options you have for pursuing this t get what you are due. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.