Employment Lawyers Can Answer Your Employment Law Questions
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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
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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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(###) ###-####