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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61116
Experience:  Qualified Employment Solicitor
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I am from Slovakia. I worked for a dairy farmer from January

Customer Question

good morning. My name is ***** ***** I am from Slovakia. I worked for a dairy farmer from January 2019. I was spending my holiday recently but I haven't been paid for any holiday. never. I finished work for this employer because after 10 months I asked for a higher pay rate. so they said that I should leave without a notice. they didn't give me any payslips. the lady (farmers wife) just took a picture from computer and sent payslip like this on facebook as a picture. so I might have about 3 pictures where I can see my payslip. 2 weeks before I left I sent her the message saying please make sure you pay me my holiday. she did not. what can I do about it to get my holiday paid. can you help me please. thanks
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed this with an ex-employer. but they refused to pay
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am eployee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks
Submitted: 8 days ago.
Category: Employment Law
Expert:  Ben Jones replied 8 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 8 days ago.

When did you leave?

Customer: replied 8 days ago.
26th october 2019
Expert:  Ben Jones replied 8 days ago.

Thank you. Any unpaid holidays can be pursued in the Employment Tribunal but you need to start the process within 3 months so do not delay it.

 

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 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this answer your query?

 

Expert:  Ben Jones replied 6 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 6 days ago.
Hello i am very sorry but i worked today the long hours. I fill ASAC form. They contacted me but i could not talk.
Expert:  Ben Jones replied 6 days ago.

No problem at all I was just checking up to see how you were getting on,. Do you need any further guidance for the time being?