I have a case against my previous employer through ACAS

I understand you are wanting to proceed with taking your former employer to an employment tribunal. Please provide some more details of your situation on this chat. Thank you

OK thank you. So how long have you worked for this employer please?

Thank you, ***** ***** you agree that you had no holidays remaining in this annual leave year?

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

Before I proceed I must make you aware that the rules I work under on this site do not allow me to discuss your chances of success in court. When solicitors determine these, a formal case analysis would be conducted and the full details and evidence that are available would be taken into consideration. On this site we only deal with very limited information in a basic chat format, so inevitably certain details and evidence will be missed. We therefore cannot conduct such a case analysis on here. If we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have.

Going back to your query, the obligation to keep track of holidays is not just the employer’s – it is a joint one. Whilst the systems that the employer has in place can be used as an indication of what holidays you have, that does not create a legal obligation on them to give you those days. I can certainly see it from n ethical point of view that you would expect to be compensated but it does not necessarily mean it also applies from a legal point of view, which is what you need.

At best this may be a 50/50 case but at least the risks are not high if you were to claim as the Employment Tribunal process is free and you do not need a lawyer to claim.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.