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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work part time in a boutique 2 days fixed per week. I am

Resolved Question:

I work part time in a boutique 2 days fixed per week. I am therefore entitled to 11.8 days holiday per annum. I have taken 4 days so far this year and my employer has told me he will not pay me for these as I haven't accrued them yet. There is nothing in my contract which talks about accruing time. It just says I am entitled to that paid leave per annum.

My employer says that because I am part time he is under no obligation to pay me holiday in advance, yet my contract states that should I terminate my employment any accrued leave outstanding will be paid.

Please could you advise me where I stand on this?

Many thanks
Dawn von Bergen
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When does the holiday year run from?

Customer:

it is the calendar year

Ben Jones :

ok let me get my response ready please

Ben Jones :

So far this calendar year you have accrued only 2 days’ holiday. It does not mean that you cannot take more than that though. If your employer dos not wish you to take more than what you have accrued then they could have just refused your request for the holiday and that would have been the end of the matter. However, they have granted your request and you have taken the holiday, meaning you should be paid for it, even if you have not yet accrued it. If you were to leave now or before you have worked sufficiently long this year to accrue these holidays, your employer would simply have to deduct this holiday pay from your final wages. So they are covered if that is what they are worried about and you scan brig this to their attention.

Ben Jones :

Sorry last sentence should say 'you can bring this to their attention.'

Customer:

Hi Ben

Customer:

just wondering if you got my reply.

Customer:

many thanks

Customer:

Dawn

Ben Jones :

yes, did you not get mine above?

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Expert:  Ben Jones replied 3 years ago.
Hello I am not sure if you had problems viewing chat mode so I have ended that and switched to the more user-friendly Q&A mode. My posts should now be visible above. Please let me know if you have any queries or leave a rating if you are satisfied with my answer. Thank you