Ex employer won’t pay holiday pay - verbal contract.

[Mollymae]

Hi! Molly here.
So my ex employer (quite dodgy even when I was working for them eg issues with pay, never honouring my hours despite being there for almost a year), is now ignoring my messages enquiring about my holiday pay. I have been paid my final salary however I am still waiting for my p45 as well. When I asked them they’ve said oh yes there was a problem with the wages budget it should be about a week. I kept checking on the status of this with my manager and boss but got blunt replies, and now they just read and ignore.

my situation:
no written contract, only verbal so I got told the lowest hours /week I’d get was 20. But would usually be 30-40. Throughout my time working there it got as low as 12, so I had to leave. The job I was doing (supervisor) I was not paid for, just minimum wage. I’d taken on extra responsibility and this hadn’t shown in my wage. Felt like a bit of constructive dismissal really.
Worked here October 2018-August 2019.

Got told I’d have holiday pay (despite not having a written contract), now heard nothing.
Wondering what my next steps are.
Oh also I don’t know how much holiday pay I’m actually due.

thanks!!!

[ostell]

You are legally entitled to holiday pay. Here is a link to a government page that explains the rules and normally has a calculator online. (It's down for maintenance!).

[ULA]

When did you finish working at your ex-employer? Not paying holiday pay could be considered an unlawful deduction of wages for which you can make a claim against your ex-employer via the Employment Tribunal.

[Mollymae]

I left end of August, and still haven’t had a reply.

[ULA]

Ok my suggestion is to work out what you are owed in holiday pay. Then a letter needs to go to your ex-employer detailing the calculations of what they owe you for accrued but untaken holiday pay and give them a reasonable deadline in which to pay and provide your P45. Indicate that if they do not respond that you will submitting an employment tribunal claim for the unlawful deduction of wages.

Do you know what the holiday year of the company is? Jan to Dec maybe or April to March are the two typical ones as is anniversary of start date.