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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74422
Experience:  Qualified Solicitor
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My employer send out a letter at the beginning of April that

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My employer send out a letter at the beginning of April that when we start working again the holiday will be reset. Can he do that?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I’ve asked my GM and also I’ve send an email to our accounts department and they said that this is the best viable solution for the finance of the business
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee, working in hospitality
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you!

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

Customer: replied 1 year ago.
Hi, thank you
Customer: replied 1 year ago.
Whatever you need I can answer
Customer: replied 1 year ago.
If we talk here I can keep record for future reference in my phone, thank you

How many days did you have remaining? and how long have you worked for this employer?

Customer: replied 1 year ago.
our holiday year runs jan to December and this year I have taken only one day holiday and have 5 days remaining..
Customer: replied 1 year ago.
I’ve been with the company for 3 years

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Customer: replied 1 year ago.
No problem, thank you

Many thanks for your patience. The holidays you accrue are a legal entitlement and the employer cannot just rest them, they cannot deny you the right to use up your holidays which you get by law., However, what they can do is force you to take your holidays at times decided by them. For example, if you are furloughed, they can force you to take your accrued holidays whilst you are off work, so that by the time you return to work you have used up everything you had accrued so far. You will obviously still need to be paid in full for them, but it is possible. The only requirement by ;aw is for them to give you notice which is twice as long as the holidays to be taken (for example, if they want you to take 5 days holiday at once, they must tell you at least 10 days in advance).

If they have not forced you to take your holidays and have simply ‘erased’ them, that would be unlawful and you can make a claim against them for the money owed for these lost days. You can do that in the Employment Tribunal if needed.

Does this answer your query?

Customer: replied 1 year ago.
thank you very much for your help!
Have a nice day!

All the best

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