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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46803
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Basically, I did join my current company in June 2006

Customer Question

Hi,
Basically, I did join my current company in June 2006 and took my first holidays from Christmas 2006 and over January 2007.
I was using the accrued days for 2006. And that has been the same every year since my employment has started.
I have just found out that this arrangement is not in place anymore since 2014 and that I have lost all the past allowance because I did not took it. Basically when I have booked my holidays beginning of 2014, it was the allowance on 2014. Same for 2015.
I have argued that I was used to this arrangement and there was precedents and I have shown written authorization for the year 2013. and I was assuming the same would apply the followings years.
Am I entitled to get my holidays back?
It would appear that the prejudice is for 4 weeks of holidays and the prejudice is worth one month of salary.
Regards,
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Was this practice ever in writing anywhere or was it just an accepted policy in the workplace? Or was it just for one specific year?
Customer: replied 1 year ago.
It was in writing as I could find in my e mail chain evidences of regulation in the accrual system for the year 2013 with manager approval.
I don t have older records for the previous years due to limit size in my inbox.
Expert:  Ben Jones replied 1 year ago.
Was the change in policy communicated to you at the time?
Customer: replied 1 year ago.
Yes by e mail in generic e mails.
There has always been a carry over policy but I could get away without problems.
Expert:  Ben Jones replied 1 year ago.
So you were aware of this change at the time?
Customer: replied 1 year ago.
There has always been a carry over policy and I was aware of it.I could get my day off and accrual adjustment until from 2006 to 2013.
I should have double checked carefully for 2014 and 2015.Because an accrual adjustment took place in 2013, I was assuming that it won t be cleared off like that and that ll keep going.
Expert:  Ben Jones replied 1 year ago.
OK so there was a policy in place which allowed for the carry-over of holidays accrued in the pat holiday year and it was something which was in practice for a number of years. Even if there was no written policy to confirm that, the fact that it has been consistently applied over that time means that it could have become an implied contractual police through custom and practice. So far so good. However, this police was evidently removed in 2014 and this change was communicated to you. So you had notice that it no longer applied and it would depend on whether it was clearly stated what the terms of the changes were and if it was with immediate effect or if there would be a crossover period allowing you to take current accruals. So you need to check exactly what was stated. If the policy was not clear you could try and challenge this but in any event the employer could try and argue that they had communicated the termination of this policy and that it should have served as notice to that effect. You are able to challenge this through raising a grievance at work and if that is rejected then the only way to proceed is to go to tribunal and claim unlawful deduction of wages for not being paid holidays you were due. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow should you decide to take this to tribunal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46803
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your rating. So as mentioned, this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
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. Advise them 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, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Hope this helps

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