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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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During my employ with merlin housing society an issue arose

Customer Question

Hi
During my employ with merlin housing society an issue arose re our holiday pay , mainly that we were contracted for 8.5 hours and only got 8 hours for every days holiday. in October 2013 this was rectified and we then started to get 8.5hours pay /holiday day.this was not however back dated to when I/we started in June 2012. I use we as we were tupee transferred from our former employer p h jones as gas service engineers in June 2012. During our first year several issues arose this being one , and a official grievance was issued in August 2013 through the G.M.B union (I am no longer a member) this also brought up the 12week average issue as we were not salary paid and pay varied . Nothing was dealt with up until June 2014 when I left.
I have recently put in a claim directly with them regards ***** ***** pay and the 12week ruling they have agreed to pay back pay relating to 1/2 hours difference for 44days Hols between start of employment in June 2012 to October 2013 , but when queried about 12week average they are only looking into from June 2014 back to January 2014 added to the 1/2 hours calculation.
A former colleague made acclaim shortly after leaving re the Holidays and received the 12week ruling for his full employment , however this done through acas and I know of the time restraints concerned . However is this not a president ?
I need some advice on how far I can push them myself or weather I need to take it to small claims , there is another issue re pension but if I can get the holiday pay sorted it would be most helpful.
Martin Riley
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Where did you issue your claim - tribunal or court?
Customer: replied 1 year ago.
I left their employ in June 2014 and did not chase anything immediately an therefore missed the time constraints re tribunal or acas assistance . As we had put in a grievance during our employ and a couple of former colleagues have won claims, I contacted merlin directly via their HR team to make direct claims .i can forward all the correspondence between us if it would help
Expert:  Ben Jones replied 1 year ago.
Hello, whilst a former colleague may have gone through ACAS and received what he was due, that does not set a legal precedent for anyone else. An agreement through ACAs has no legally binding effect and it is a personal agreement between that person and the employer. There is absolutely nothing in law you can use to force the employer to use that payment as a precedent to guarantee you the same payment. If they refuse to pay you then you cannot force them to do so just by referring them to this. The same thing applies if you go to court – the court would not look at this and use it to determine whether you should be entitled to the same compensation – that agreement has no binding effect on them in any way. It is also important to note that if the employer had agreed to pay someone after negotiations with ACAS it does not mean they were legally obliged to make such a payment., They could have simply agreed a settlement to get the person off their back and to prevent a court/tribunal claim which could cost them more money to defend. One further important note is that new rules have come in which limit any such claims to only 2 years prior to when the claim is made. So if you were to take this to court, they would only look as far back as the last 2 years and you cannot claim for anything beyond that. So if you are trying to claim for anything going back over 2 years then you won’t be able to claim. Do note however that this rule only comes in on 1 July so you basically have 2 days in which to submit your claim in court before you are restricted to claiming only for the last 2 years. So you have very little time in which to try and negotiate with them or push them – if you miss the deadline you can only claim back for holidays or any other pay from July 2013 onwards. Therefore, you may wish to consider making your claim in the next 2 days just to ensure that you have a fighting chance of getting anything from them. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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