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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My last firm I was working to pay 8hrs holiday pay

Resolved Question:

My last firm I was working for used to pay 8hrs holiday pay even though I was working 12hrs a day 4 on2 off for app 4 yrs I worked there I told them in the begging it was wrong but they said it wasn't then after awhile government confirmed 12 hrs work 12hrs holiday pay .work mates who left before me threatened to take them to court about this matter they was payed up I know have left .iwas also told you cannot leave employment with them still owing you money.they are still owing me back pay from 28nov 2011 to 17july2015 every time I email them they replay still investergating but they have payed other people out I want to take them to court but I eyed to know we're i stand
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
When did you leave there?
Customer: replied 1 year ago.
17 July 2015 when government confirmed the law they started to pay you 12hrs less 1 hr dinner
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Were you ever paid the correct amount of holiday by them?
Customer: replied 1 year ago.
For Ben Jones .answer to your req I actually left before new main hols for the coming year August so I didn't really get any holiday payed to my last pay
Expert:  Ben Jones replied 1 year ago.
Thanks but whilst you were there did you ever get paid the correct amount?
Customer: replied 1 year ago.
No
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. 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 1 year ago.
Thanks for your patience. An employer’s failure to pay you holiday pay amounts to an unlawful deduction of wages. Employees have protection against that and are able to claim back for any holiday pay which was due to them but which they were never paid for. However, there are certain time limits and limitations which apply to the ability to make a claim and I will summarise these below:
• Any claim must be made within 3 months of the date the last of a series of deductions was made. So you need to check when your last pay date with the employer was and count 3 months from then. You say you left on 17 July – if you were paid on that date too, then you will be out of time to claim because it is now over 3 months since then. However, if your last payment date was later on (after 1 August really if you still want to make a claim tomorrow), then you will be just in time. But you are really right on the edge to claim as it is already the 3 month time limit.
• Even if you are still within time to claim, you can only go back and claim for underpayments made in the last 2 years. So even though you were with them since 2011, you will only be able to claim as far back as mid-2013.
To make a claim you need to contact ACAS to start the early conciliation process:
http://www.acas.org.uk/earlyconciliation
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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 1 year ago.
Thank you for your replay I have heard of this three mths period but I was working with them while I and other employees was asking about the owed Back pay so they should be no worry about any time period with me or other employees .ithink they use this time period to not pay which is wrong it was illegal from day one and they knew it I will know speak to acas and see what more I can do again thank you
Expert:  Ben Jones replied 1 year ago.
I understand that you may have been asking for it but the time limit is for you to make a claim if they refuse to pay. So it would not matter whether their actions were illegal at the time or they just ignored you. It would have been your responsibility to ensure that any claim is made within the required time period and if it was not then the tribunal could refuse to hear your case even if the employer's actions were clearly illegal and you were owed that money. But speak to ACAS anyway to see if they are willing to assist you. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
Sorry who do I put a claim to.does it not be come a claim every time I email them telling them or asking why they are not responding to my request am sorry just can't get round that I am too late
Expert:  Ben Jones replied 1 year ago.
A claim needs to be submitted to the employment tribunal but before you do so you must contact ACAS and start the process with them here: https://ec.acas.org.uk/Submission/SingleClaimantPage You are not claiming every time you contact the employer - the time limits refer to you actually making a formal claim with the tribunal so that is where you may be too late. If the employer knows you are now out of time to make a legal claim then they could refuse to pay because you would not be able to force them to pay you in any other way. Hope this clarifies?