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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50196
Experience:  Qualified Employment Solicitor
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In August 2014 I left my current employer to work back within

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In August 2014 I left my current employer to work back within the NHS. Over the past year I have accrued a balance of 15.33 holiday days. On leaving the company I assumed and was advised that I would be paid all leave that had been accrued. On my final wage slip, it stated that I was still in a positive balance of 15.33 leave days. I contacted the salaries department and asked why I had not been paid the outstanding monies owed for the 15.33 holiday days, I was informed that they had been instructed by HR and my manger that I had taken all holidays owed and that I was not eligible to be paid this money. I don't know where to turn or address this problem. Is this correct? Over the past 3 years I have been studying for my degree full time(whilst working full time), which I have funded by myself as work stated that they could not really afford to do so. My manager allowed me initially to take a study day once per week but this became monthly and then somewhat hit and miss as staffing levels etc and demands of work increased. I have not had any study days since NOV/DEC 2013. In January 2104 I asked my manager if I could go part-time due to the pressures of the degree and personal/family problems that I was encountering. She stated that this wasn't possible because my contract was for full time hours but she would try and accommodate my needs because she didn't want to lose my skills as a valued member of the occupational health team. She suggested 3x12 days and then to make up the full time contracted hours by working a odd day here and there. This I conducted for 6 weeks until I was taken ill. I was subsequently absent from work for nearly 3 months with what they suspected were cardiac related illness. I returned to work in May 2014. In February my manager scripted a letter detailing the working hours (3x 12 hour shifts) and explained that to do this she would require commitment from me to the company and the department. If I was to leave from that point I would be likely to eligible to pay the company back for any study days etc. From February to August 2104 (leaving) I undertook no periods of study days due to poor staffing levels and annual leave commitments from other team members. My frustration and anger are twofold and so are my questions. 1. Where do I stand. Am I eligible to receive all outstanding holiday days owed to me , if so under which point of employment law? 2. How do I go about retrieving monies if they are owed to me. Should I find a good lawyer?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you confident that these days are still owed to you and that they were never taken as holidays?
Customer: replied 3 years ago.

These days have never been taken as holidays and have accrued over the last year. I don't know why they have stated this when it is not true. This can all be verified through the SAP administration program we used at work.

The non-payment of wages potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
a) If it is legally allowed (e.g. to deduct tax);
b) If it is to recover an earlier overpayment of wages made by the employer; or
c) If the employee has given their explicit written agreement for the deductions to be made.
If none of the above exemptions apply, the deductions will most likely be unlawful. 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 deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here:
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to:
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.
Hope this clarifies your position?
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