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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50139
Experience:  Qualified Employment Solicitor
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Im working in one of a chain coffee shop for a year and quitted

Customer Question

I'm working in one of a chain coffee shop for a year and quitted last month I've got a holiday in arrears which I'm asking since march from my manager our cut of for holiday is February our shop is new the past manager who hired me never explained all the legal things to me I'm contracted for 35hrs/week but never have that hrs in my contract I have my 28 days holiday but in my payslip my holiday is accumulating then my manager left for some reasons we never have manager for almost two months only assistant manger and on January year 2013 we have a new manager on the first meeting she told us that it's unfair for her to deal with all our holidays so I didn't say anything because I was book already for my holiday and my assistant manager said enough to cover all my holidays but in the end it's not they should still pay me for 3.4 which is equivalent to 175.00 maybe on my own calculation I want to know do I have the right to ask for my unpaid holiday?i wrote a letter for my district manager and he said that no holiday is carried over in to the next holiday year and they can't pay for holidays that were accrued but how can this company do this to us we are the front line workers we keep smiling ,giving unbeatable customer service, and on my holiday for two weeks the new manager ask me to work for 1day each week bec she needs people so now what I want to know if I have the right to get back my unpaid holiday.
Thank you
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Do you agree that you did not use up your holidays for the last holiday year and these are the ones you want to claim now?

JACUSTOMER-7chg8cjy- : Hi my name is Maribel
JACUSTOMER-7chg8cjy- : hi my name is Maribel, just want to know if I have any chance to get back my accrued holida?
JACUSTOMER-7chg8cjy- : Yes because on my payslip the holiday becomes zero so that's the time I went to my manager and ask her
Ben Jones :

ok so you knew that your holiday year ends in February?

JACUSTOMER-7chg8cjy- : yes because I ask my assistant manager about it when I saw my payslip that the cut off date is February then the assistant manager told me that no problem for that she can do something about it later on but everything was change when this new manager came
Ben Jones :

Under law you cannot carry over holidays from one year to the other. This is only possible if your employer allows it, for example by having a specific contractual clause that says this is possible. It means that employees must use up their annual leave entitlement for the current holiday year before this ends otherwise they will lose it. However, if you were unable to take that holiday in the last holiday year because there was no manager to authorise it then it would be fair to allow you to carry over that holiday to the next year and pay you if you are not able to take it before you leave.

JACUSTOMER-7chg8cjy- : but the manager came on January and everyone of us never have the hol and she said it's unfair for her bec a lot of hrs for her to give and in the end most of us wasn't get all our holidays
Ben Jones :

so were you specifically told that you can carry over your holidays?

JACUSTOMER-7chg8cjy- : no, just like what I said I even worked on my two weeks holiday for one day in every week bec she said she need people
Ben Jones :

ok then as mentioned under law you cannot carry holidays over from one year to another, this is only possible with specific prior approval by the employer

JACUSTOMER-7chg8cjy- : So there's no way for me to get it then
Ben Jones :

if it is holiday accrued in the last year, which was not taken in that year and there is no contractual clause or specific agreement by the employer allowing you to carry it over, it would be lost

JACUSTOMER-7chg8cjy- : How about if my contract is 35 hrs per week and I'm not getting it can I get back on them?
Expert:  Ben Jones replied 4 years ago.
Hi I am having problems with chat, can you please let me know if you can see this reply?