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What is the company procedure regarding holidays that are not taken? Please can you also tell me how long you have worked there for?
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Thanks for your patience. Banking of holidays is not something automatically allowed by law so if the employer allows it then it will be done on their terms. This means that if they had an agreement, policy or clause stating that banking of holidays means you get paid at the rate at the time the holiday was banked, they can use that rate. However, if there was nothing agreed or stated that the old rate applies, if you are to be paid for holidays then this should be paid at the current rate. So it all depends on whether they had a policy on banking holidays and what rate was defined there and in the absence of any such policy, it is the current rates which should apply.
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Thank you. Failure to pay you what you are due 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 payments became due. 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
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.