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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My wife has been employed at a bakers/sandwich shop for over

Resolved Question:

My wife has been employed at a bakers/sandwich shop for over eight years as manageress. The business recently changed hands and the new owner has not paid her holiday pay, which she received under the previous owners. Is she entitled to ask the new owner to honour the previous arrangement?
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. has your wife a contract of employment and was any agreement with her previous employers transferred across.

Customer:

To my knowledge there was nothing in writing, but as manageress who often works more than her alloted/official hours, she was paid the holiday pay by way of compensation.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Thank you. I was led to believe that if an employee had held down the same role for more than fifteen months that he/she was entitled to holiday pay, especially if it was part of a standing, albeit unwritten agreement.

Ben Jones :

Many thanks for your patience. The assumption you have about the 15 month rule is incorrect but in fact the law does not stipulate a minimum period of employment required for an employee to start accumulating holiday allowance – this is a right that applies from day one of their employment. The law gives an employee a minimum holiday entitlement a year, based on how much they work and this applies even in the absence of anything in writing.


 


For someone who works 5 days a week, the holiday entitlement they get by law is 28 days a year and this is reduced pro rate depending on how many days a week they work. These holidays accumulate throughout every holiday year and the employee must be allowed to take them and be paid for them. The law does not allow leave to be carried over if the employee has failed to take it in the current holiday year, unless there was a right to do so in their contract. So if the holidays she is after go back to previous holiday years, unless there was a contractual right allowing her to carry it over, it would now be lost.


 


If the holidays are for the current holiday year, then she is entitled to carry these over to the new employer. The new employer would take on any existing liabilities of the past employer and that includes any liabilities in relation to holiday pay still owed (subject to it still being in the current holiday year).

Customer:

Ben thank you for your response, I think it answers my question and I will inform my wife of your reply. We will then see what her employer makes of it. Kind regards, XXXXX XXXXX MCSI.

Ben Jones :

you are most welcome, all the best

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