How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

My employment was terminated 6 months ago and I am owed 2 weeks

This answer was rated:

My employment was terminated 6 months ago and I am owed 2 weeks in untaken holiday. My contract says that the calculation method of daily holiday pay on termination should be based on 1/365 of basic annual salary. Can I ask for commission element to be included in amount owing based on recent ecj ruling. I am starting my claim in county court.
Also I have noticed that the holiday pay calculation method for holiday taken when in employment appears to be unlawful as the contract says that it is calculated on the aggregate of the 2 preceding months of salary exclusive of commission element, whereas I did not have normal workings hours and believe section 221 to 224 of employment rights act 1996 should apply, using calculation method based on previous 12 weeks. Can I raise this in the county court on a particulars of claim?
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Please can you provide a proper reply to the points raised in my question not an automated response or refer it to an expert who can help. Thank you

You can claim everything in the claim and separate it out. If it is contested the Court may allow all or part of the claim. It is better to claim for everything and have the court disallow parts if it goes to trial because once you issue a claim you can't claim for a higher value only lower.
You can ask for commission to be included. If the contract says one thing about holiday pay and the law says something else then you should claim what the law allows, assuming it is higher. The Defendant employer will then have to justify how they came to that particular calculation.
Does that clarify?
Ash and other Law Specialists are ready to help you

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.