Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Can you please provide more details of your query?
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Your interpretation of the situation is correct and whilst theirs is correct to a certain extent too, they are somewhat mistaken with their interpretation of the law.
The ********* ********* do indeed appear to suggest that there is scope to agree that a payment in lieu of untaken holiday on termination might be less than that provided for by law, even if that amounts merely to a token payment. However, an employment tribunal took a contrary view in ********* ET/270129/13 and held that a nominal payment in lieu of holiday of £1 was not permitted by the regulations. In the tribunal's view, EU law requires payments in lieu of untaken holiday to put the worker in a comparable position to the position they would have been in, had they taken the holiday during their employment. Therefore, a payment in lieu on termination must reflect the worker's normal remuneration and not a token amount. That I where the employer is mistaken because they are not allowed to just pay a token amount and discharge their liabilities towards paying accrued holiday pay, the payment must be comparable to what you would have been paid had you taken the leave normally before termination.
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I do not deal with fees unfortunately, this is something you must raise with customer services but looking at the value of the question it would be around the £20 mark
Aside from that has your question been answered?
oh right yes that sounds about right, you do not have to pay anything extra if you do not want a phone call, so you would not be charged that.
Well as you can see there has already been a decision along some very similar facts that has decided in the favour of the employee. The decision is not binding but can be persuasive so whilst I cannot predict the utcome of the claim if you were to make one, history would show that you should have a better than average chance of success
A European Court case - Schultz-Hoff v Deutsche Rentenversicherung Bund  IRLR 214, in which the ECJ stated that where a worker "has not been able, for reasons beyond his control, to exercise his right to paid annual leave before termination of the employment relationship, the allowance in lieu to which he is entitled must be calculated so that the worker is put in a position comparable to that he would have been in had he exercised that right during his employment relationship.”
You are welcome