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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7963
Experience:  Owner at James Bruce Solicitors
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I have worked for a company for 3 years under a zero-hour

Customer Question

I have worked for a company for 3 years under a zero-hour contract, I built up 28 days of holiday pay, I have used 3 days but due to me leaving, they will not pay me my 25 days of holiday pay left over.
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: They have said I’m only owed 1 day of my holiday pay
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 17 days ago.
Category: Law
Expert:  james bruce replied 17 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

When exactly are the holiday days from?

Expert:  james bruce replied 17 days ago.
Unfortunately, without the additional information requested in my first/previous response, I will not be able to give you detailed advice to your question, but I will be able to give you a general answer, which I hope will be of assistance. If you are able to supply the additional information later, please do so and I will then come back to you with a more detailed answer. 

If you are leaving, then the employer must pay you for any hours you have worked and any holidays not take .

Amendments to the Working Time Regulations 1998 in 2020 states that holiday day can carry-over for two years. So if you were unable to take the days off especially during covid for example, they can carry over.

Ask the employer why they thing only 1 day is owed.

If they refuse t9 pay your days, then you could take them to an employment tribunal.

You would need to speak to ACAS to start that procedure.

https://www.acas.org.uk/

I hope this answers the question.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 15 days ago.
My holidays start from April 2022 which makes it 9 days of holiday according to my employer. They are saying I taken 8 days so only 1 day is owed, however, I have evidence on my pay slip that only 2 days were used in April and 3 days used in June, so they owe me 4 days. I have approached them in the office but they were vile towards me calling me stupid. I have 3 pieces of evidence to prove that only 5 days were used, I am owed 4 days, not 1 day. How do I approach this situation?
Customer: replied 15 days ago.
File attached (TM6M2V5)
Customer: replied 15 days ago.
I have 2 pieces of evidence to prove only 5 days have been taken but they are saying 8 days have been taken.
Expert:  james bruce replied 14 days ago.

the documents you have attached do not clearly show what you  or the employer claim.

Te first attached item shows you are entailed to 28 days a year.The second appears to show 2 days taken ?