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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I STARTED TO WORK FOR MY PRESENT EMPLOYER 19 YRS AGO .WHEN I

Resolved Question:

I STARTED TO WORK FOR MY PRESENT EMPLOYER 19 YRS AGO .WHEN I STARTED I HAD TO WORK FOR A FULL YEAR BEFORE I WAS DUE ANY HOLIDAYS THESE 20 DAYS ARE STILL STANDING BUT MY EMPLOYER SAYS HIS LEGAL TEAM SAYS HE NEED NOT PAY ME FOR THESE
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Has your contract changed over the course of your employment? Also, do you have the agreement stating that you would be paid the outstanding holidays after 1 years' service?

Customer: replied 1 year ago.
I HAVE A COMPANY STATEMENT SAYING I AM ENTITLED TO 20 DAYS AFTER A YEAR AND YES HOLIDAY CONTRACTS HAVE CHANGED YOU NOW GET 1.5 DAYS FOR EVERY MONTH
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded 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.
Many thanks for your patience. You would have accrued these holidays at the time so legally they would have been due to you. The rules are that before you are allowed to take holidays in the first year of employment you need to have accrued them first. So lets say you wanted to take 10 days holidays then, you would have had to work for about half a year and accrued them before you were allowed to take them. Anyway, whatever happened you did not take any so they would have been due to you.The issue is that you only have 3 months to submit a claim in the employment tribunal to pursue the employer for non payment of holidays. As this happened 19 years ago you are clearly ay put of time to make any sort of claim against them. So even if legally they should have paid you for these holidays at the time, you have missed any sort of deadline to challenge this further.I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
YOU ARE TWO YOUNG TO HAVE WORKED IN THIS SITUATION .YOU HAD TO HAVE WORKED 1YEAR TO GET HOLIDAYS IN YOUR 2YEAR AND WORKED THE 2YEAR TO GET HOLIDAYS IN THE 3YEAR AND SO ON.IF YOU LEFT YOU WERE PAID THE EARNED HOIDAYS AND IT IS MY EARNED HOLIDAYS MONEY I AM TRYING TO CLAIM
Customer: replied 1 year ago.
I AM STILL WORKING FOR THIS EMPLOYER BUT I AM THINKING OF TERMINATING THIS SHORTLY AND WAS TRYING TO SORT OUT MY FINANCIAL SITUATION WITH THEM{ WE HAVE JUST STARTED SOMEONE NEW AND HIS OLD COMPANY PAID HIM HIS STANDING YEAR AND WHAT HE HAD EARNED IN THIS CURRENT YEAR}
Expert:  Ben Jones replied 1 year ago.

What year dd you start working for them? If you say it was 19 years ago then that would be 1997 which means that the current legislation would have been in force then and the rules are the same. Just because someone else has been paid that does not mean it allows you to legally request the same. The employer may have decided to pay it discretionally. What I am saying is that if the employer refuses to pay you, then legally you are not going to be able to make a claim to pursue it

Customer: replied 1 year ago.
I AM WORKING UNDER THE NEW RULES NOW 1.5 DAYS PER MONTH BUT I STILL HAVE MY 20 DAYS STANDING CAN I TAKE THESE 20 DAYS THEN THIS YEAR
Expert:  Ben Jones replied 1 year ago.

only with the employer's approval - there is nothing stopping them from allowing that but what I am trying to make clear is that if they refuse to do this and they refuse to pay you or them you cannot make a legal claim for these days

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