Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When was the verbal agreement put in place please
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Ok, thank you. I will check back soon.
Many thanks for your patience. What you are receiving is called ‘rolled up’ holiday pay and there are argument that this may be unlawful, although there is nothing concrete to prove that and it is still a matter of argument and interpretation.
The issue here is really one of what was specifically agreed at the outset as that would be what was contractually applicable to you. If you were specifically promised to receive your hourly pay as specified then and to then receive holiday pay on top of that, then that is what you would be contractually entitled to.
However, you mentioned that you started there 6 years ago so am I to assume that you have always been paid rolled up holiday pay throughout that time? If that is the case then the fact you have worked under this arrangement for such a long time, without formally challenging it, would most likely mean that you had accepted this practice and it has become your contractually binding agreement. It means you may find it rather difficult to challenge this now because through working under these terms for a number of years, you would have implied your acceptance to these terms and should have really challenged this much earlier to be able to do something about it.
Another issue is if this was only a verbal agreement and there is no documentary evidence to back it up – that would also make it difficult for you to prove what was promised and be able to argue that what you are getting now is not what was initially agreed.
Nevertheless, it is still possible to take this up with the employer directly and ask them to check what was agreed and reconsider their position. If they refuse that is when the difficulties may arise as you can only take it to court and assuming the above matters apply, it could be an uphill struggle to convince a court that you are not getting what you were promised or that you have not accepted this practice by now.
Many thanks Ben. I'm a wee bit upset. I was hoping for better news because a mate at work got some £3,000 back money due to holiday pay having been wrapped up in his rate. The reason that I've only recently queried it is that I was advised by workmates that if I said anything, the work would "get rid of me". Thanks very much for your advice.
Yes I understand, it is just at what a court may look at if you took it that far - the issue is that it was not the company themselves that made the threats of potential dismissal against you and it was just rumours that you acted on in the circumstances. The crux is however your implied acceptance which looking back at 6 years of working under these terms, would be difficult to overturn - of course there is nothing stopping you from making a claim, but this is a factor they would undoubtedly concentrate on
Ok, Ben. That's pretty clear. Guess I'll just have to try and get over it. Thank you very much for the benefit of your expertise.
you are most welcome and all the best
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Will do. Give you big smiley.
Won't let me rate you until conversation over :)
ah, it's a bug we are having at the moment, you can just type it here instead and we will sort
Thanks Ben. I don't know how to get out of here :))
just close the page down and ignore any warnings you may get