Holiday pay

[Gaz3395]

i wonder if you can help.
My wife has recently left her job as a kennel maid after 3 yrs. all of her time there she has been given no contract or written particulars handbook. She was bullied into leaving but does not really want to sue for constructive dismissal as it would involve other girls who are still there.
Since leaving the owner has issued a small claims against her saying that she owes him 71 hrs holiday pay back.
We know he is trying to teach her a lesson for leaving him without cover.
Is she obliged to pay this back, where no contract is in place.
Many thanks

[ostell]

Here's the web site for calculating holiday pay. Do your own calculation and compare.

[mariefab]

No, she is not obliged to pay this back.

She needs to enter these 3 points in her defence of the claim:

1. There was no written contract, statement of particulars, handbook or other relevant agreements issued during the period of employment.

2. Section 14(4) of the Working Time Regulations 1998 authorises recovery of overtaken holiday pay only when there is a relevant agreement in place.

http://www.legislation.gov.uk/uksi/1...lation/14/made

3. This is confirmed in case law; Hill v Chapell.

http://www.bailii.org/uk/cases/UKEAT...0_01_2003.html

[Gaz3395]

Thank you Marie. She might get some sleep now