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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I retired in February thinking my Tupe 1n 2002 had

Resolved Question:

I retired in February thinking my Tupe 1n 2002 had transferred my banked 5 weeks accrued holidays.
in 2007 I had an email from my then customer service manager giving a list of personnel with banked holidays of which I was down for 5 weeks. Prior to my leaving in January this year I had a letter from the current customer service manager stating that I had 5 weeks banked holidays.
After several e mails to the company I have finally received a letter stating that " This scheme was closed in December 1999 therefore I do not qualify for this payment "
Do I have a case ?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.

Hello Alan my name is ***** ***** I am happy to help you today. What scheme do they say the holidays were tied up with?

Customer: replied 1 year ago.
I do not know the only info I have is the letter received today
Expert:  Jenny replied 1 year ago.

Ok thanks does the letter from January this year acknowledge you are entitled to this holiday?

Customer: replied 1 year ago.
sent by my manager at the time
Expert:  Jenny replied 1 year ago.

It is unusual for a company to agree to pay holiday rolled over for such a lengthy period. However given that they have told you in writing you will be paid it is my view that it is payable so you would be able to bring a breach of contract claim against the employer if they do not.

You should tell ACAS therefore that you want to start early conciliation and if they do not pay then you can bring a breach fo contract claim in the Employment Tribunal.

If you have any further questions please do ask. if I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.

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