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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77750
Experience:  Qualified Solicitor
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I have a case against my previous employer through ACAS

Customer Question

Hi, I have a case against my previous employer through ACAS which hasn't yielded an outcome, so tribunal is the next step. I wanted to get some advice whether I have a strong enough case to win if I did decide to take things to court.
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: Tilbury, RM18
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's it for now
Submitted: 7 days ago.
Category: Law
Expert:  Ben Jones replied 7 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 7 days ago.
No problem
Expert:  Ben Jones replied 7 days ago.

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

Customer: replied 7 days ago.
I booked holiday for 13 days in March of this year. I logged into my employee portal, where it displayed I have paid holiday available to take. I booked said holiday, thinking I'd be paid in April for it. However, I didn't. When I queried this, my employer said I had already used up all of my holiday allowance, and due to a system error, the portal showed that I had paid holiday left, when in reality, I did not. Had I not had holiday available, I would've worked the 13 days. As a result, their systems mistake cost me 13 days worth of income. I spoke to ACAS, and my employer has said they're confident they can fight this case at tribunal.
Customer: replied 7 days ago.
Sorry, to clarify, former employer. I also have a screenshot of the page where it specifies the holiday is paid and approved.
Expert:  Ben Jones replied 7 days ago.

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

Customer: replied 7 days ago.
From Nov '19 to March '22
Customer: replied 7 days ago.
Sorry, Nov '20
Expert:  Ben Jones replied 7 days ago.

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

Customer: replied 7 days ago.
When they sent me the holiday used, I agreed yes
Expert:  Ben Jones replied 7 days ago.

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.

Customer: replied 7 days ago.
Thank you
Expert:  Ben Jones replied 7 days ago.

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

Expert:  Ben Jones replied 7 days ago.

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.

Expert:  Ben Jones replied 7 days ago.

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.

Customer: replied 7 days ago.
That's perfect, thank you for your advice
Expert:  Ben Jones replied 7 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.