Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues he has experienced in his situation.
He obviously has a right to be paid for any hours which he has actually worked and failure to do so will amount to an unlawful deduction of wages by the employer.
Holiday pay is now calculated on the basis of the average pay over the previous 52 weeks, or if the worker has not been there for that long – as far as their first day of working for that employer.
Payslips are a fundamental right under Section 8 of the Employment Rights Act 1996 and must be issued at or before each time a worker gets paid.
Any issues with unpaid hours or wrong holiday pay can be taken up through a grievance, directly with the employer first, before considering whether to make a claim for what is owed through the Employment Tribunal.
Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).
The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.
However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.
In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.
If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link: