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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50209
Experience:  Qualified Employment Solicitor
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I been working through the agency "Meridian" for about 4

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I been working through the agency "Meridian" for about 4 months and after I found a job with a contract I called my agency week before told them that I have another job, I did not see my pay slips because they never send me some codes to log in to the system, even I've been calling and asking for it many times and after I just got p45 , but they didn't pay my holiday and now they saying that there is nothing they can do about holiday pay because it's showing on the system 0. Is that legal to not be payed holiday? Do I have to ask for money I earn? And I've been asking they just ignore and never called me back.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Was your holiday included in your normal pay (sometimes this is done and it is called rolled up holiday pay?) Or was it a separate entitlement where you were only paid for the holidays when you took them

Customer: replied 1 month ago.
I can't find anything in my contract about holiday pay , only that ì need to fill form to get holiday, but any way I finished my agency job on Friday and on Monday I've been working at my need job so I didn't had time to book holidays or something .

Ok you should be owed for any holidays which you had accrued whilst working there and which were still outstanding at the time you left. The employer cannot just refuse to pay you for them because if they do that would amount to an unlawful deduction of wages, which you can take further if needed. You would have to make a claim in the employment tribunal, which is actually free, so the risks are not very high. The only thing is that you need to do this within 3 months of when you were due to be paid, so the time limits are quite tight.

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Ben Jones and other Employment Law Specialists are ready to help you

Thank you. Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####