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Holiday entitlement - but not able to take it

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  • Holiday entitlement - but not able to take it

    Hi. I'd be grateful for any guidance on the following situation. I am employed by a company on a contractual 3 days per calendar month (and have been for c 3 years). However I act more as a contractor - working from home and in the times that I choose, although there are particular monthly reporting deadlines that I have to meet. I am the only employee of this company (it's part of a wider group set-up, but distinct in itself); The organisation wanted me as an official employee for external reporting purposes. Theoretically I am entitled to 3.5 days holiday a year - however, there is no-one else to do my job, and every month I have to fit in the work regardless. I have briefly asked about pay in lieu before, but didn't get a proper reply at the time, and have not pushed it since, because I've needed the work. Am I legally entitled to it, or would the HR rep push it back to Operations and insist that someone else would have to be trained up to do my job once a month.(not practical)? I have read notes regarding bringing a claim within 3 months, so if I am entitled to holiday pay in lieu, am I now out of time for previous years? Advice gratefully received. Thanks
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