Deadline for Informing Employer of Holiday Pay Error

[Soapie]

The Government web site and others such as ACAS and Citizens Advice advise notifying holiday pay errors no more than three months after leaving. The holiday pay error occurred on leaving work in February 2019 but has not been requested directly from the former employer but it is contained in a Tribunal claim, which was made within the three month period. By not approaching the employer directly, have I compromised my chance regarding holiday pay now?

[ULA]

Ideally you should have approached your ex-employer as soon as you found out about the holiday pay errors, if you believed that you were still owed money. That route should have been exhausted first prior to raising anything via ACAS in terms of early conciliation.

I think the issue that could be asked by ACAS/Tribunal is why did you not try to resolve directly with your employer prior to raising a claim? However y

our post seems to indicate that you have raised a Tribunal claim and that this holiday pay issues forms part of a bigger claim? in which case there may be less of an issue. Did you try to resolve the other issues via grievance procedures etc?

Have you exhausted the early conciliation process? Where are you at in the tribunal process?

[Soapie]

Thank you for your reply. Yes, a Tribunal claim has been raised and the ET1 form issued and it included a reference in the outcome section to holiday pay. The 28-day response has not been copied to us yet. There were other issues which were taken up directly with the employer, some have been partially resolved and others not. ACAS undertook early conciliation and were able to go some way towards resolution and were very helpful. They are still, involved now. The issue of holiday pay only came to our knowledge whilst we were doing research. We also met with Citizens Advice and they were very helpful. I'd like to clarify the situation with regards to the deadline so that I understand the situation as best as I can.

[ULA]

It is a lot harder to get back any money that you are owed by your employer after three months from leaving their employ, just because 3 months less a day is the time in which you have to bring an employment tribunal claim.

If however you have ticked the relevant box for holiday pay at 8.1 in the ET1 form and at 9.2 you have detailed what you believe you are entitled to for owed holiday pay as part of your overall claim then this should be fine.

[Soapie]

Thank you for your reply. Yes, holiday pay was ticked at 8.1. At 9.2 I just put "any sum owed for holiday pay". Maybe the wrong way to think about it but I thought that the employer should calculate this according to the rules and I didn't want to get it wrong so as to weaken my case. The claim, with the above references to holiday pay, was submitted within the 3-month deadline. From what you say, I think I should be OK but I shall check with the Tribunal office.

[billytate]

Thanks for the thorough explanations, I appreciate it.Â*

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[jamesaarnold]

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