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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Is it possible to claim holiday entitlement for previous years.

Customer Question

Is it possible to claim holiday entitlement for previous years. I was not informed of legal entitlements and have taken four weeks holiday pro rata only per year for several years.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What does your contract say about carry over?
Customer: replied 3 years ago.

Hi, there is nothing in my contract about carry over.

Expert:  UK-Justice replied 3 years ago.
Thanks.

Normally the leave expires at the end of the leave year.

Any unused leave can not be carried forward unless that there is any provision in your contract,

There in the absence of anything in your contract the answer is no - it will not be carried forward.

I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position.






Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  Ben Jones replied 3 years ago.
Hi there, my colleague only referred to your contractual rights, however you mentioned that you were not getting the legal entitlement and if that is the case this has nothing to do with your contract. As you probably know now the minimum entitlement now is 5.6 weeks for full time workers and has been like that since April 2009 (before that it was 4.8 weeks since October 2007). Therefore if your employer has not given you the statutory minimum requirement over the years you can still claim for it assuming that you have not been given the correct entitlement at some point in between. If you have, then the chain of underpayments would have been broken and you can only claim for any underpayments of holidays since then. However, if the underpayments of holidays have been continuous you can go back for a number of years if necessary. Have you always been given less holidays than legally entitled to?
Customer: replied 3 years ago.

For Ben Jones only,


 


Hi Ben,


 


Yes, I have only ever had 4 weeks holiday pro-rata. I am unaware if it is my employers responsibility to inform me of the statutory changes. If he should have informed me can I now claim either in time or money for holiday owed?

Expert:  Ben Jones replied 3 years ago.
It is entirely your employer's duty to ensure that you get paid the holidays you are entitled to and there is no excuse for paying you less than what your statutory entitlement is.

In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Also state that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, you can make a claim in the employment tribunal to recover any holidays due.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Ben,


Thanks very much for the info, would you please clarify for me wether the 4.8 weeks is inclusive of bank holidays. My contract commenced April 2003 and stipulates 4 weeks holiday plus bank holidays pro-rata. My new employer took over the practice in 2005 and nothing has been altered. I need to be absolutely certain of my facts before I proceed any further.

Expert:  Ben Jones replied 3 years ago.
Statutory holidays can be inclusive of bank holidays. There is no automatic right t have bank holidays off and employers can include these in the employees' basic holiday allowance. This basically means that at present if you are a full time employee you can be given 28 days holidays as a minimum (5.6 weeks) which can be split into 20 days off plus all 8 bank holidays

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