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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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On receiving my p45 when changing jobs I did not receive any

Customer Question

on receiving my p45 when changing jobs I did not receive any holiday pay and had not had any during my 9 months employment with the company what should I do as my employer is unwilling to pay me
Submitted: 15 days ago.
Category: Employment Law
Expert:  Ben Jones replied 15 days ago.

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

Expert:  Ben Jones replied 15 days ago.

What reason has your employer provided for not wanting to pay you for this? Also, were you a full or part time employee?

Customer: replied 15 days ago.
we do not know her reason others have been paid but not me and yes as a full time carer
Customer: replied 15 days ago.
my land line no is 023 92 340219
Customer: replied 14 days ago.
what do we do from here
Customer: replied 14 days ago.
are we going to continue with the on line advice
Customer: replied 14 days ago.
we have just paid for advice and received none what are we supposed to do now
Expert:  Ben Jones replied 14 days ago.

OK, thank you for your response. I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, 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.

Expert:  Ben Jones replied 14 days ago.

Hi there, assuming you are an employee (not self employed) then you would have had the legal right to accrue holiday pay during your employment with this employer. If you did not take any of our holidays by the time your employment terminated, the employer would have had to pay you whatever outstanding leave you had at the time. They cannot refuse to pay you and basically withhold your holidays.

If they refuse to pay you then you have the option of taking this to the employment tribunal to get what you are due.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 13 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 12 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

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