Payment in lieu, no contract, changing holiday year part way through

[Danielle33]

I started a job 30th Nov 2018, with no written contract, I was told that the holiday year would begin on my start date, and the anniversary of that date each year. Now I have left (end July), the owner said that they've changed it to run from April - April.

In my opinion, I am owed payment in lieu from 30th Nov 2019 to my leaving date on 20th July 2020. They are telling me no, the leave years runs April to April and you were told you’'d forfeited the holiday you had'n’t taken so apparently I am not owed 15 days, I am owed 6 (took 3 days off in May).

In short, my holiday year was changed mid way through with no opportunity to take what I was owed they just re set it to zero. Because I did not attempt to take it am I not entitled to it upon leaving?

Also, I have numerous examples of how I tried to take holiday but was prevented from doing so, mainly by bullying and intimidation, but I really don't want to have to muddy the waters and go down this route.

Thanks in advance whoever can help me out here.

[ULA]

Even if your employer did change the holiday year from anniversary of start date to a fixed period 1 April to 31 March, there would need to be some pro-rata calculation based on accrued time Nov to 31 March. If you were being required to take this time off before the start of the new holiday year you should have been given adequate notice to take the holiday by 31 March. This would mean your employer giving you double the notice for the days to be taken i.e. you had undertaken holiday by 5 days then you should be given 10 days notice. This would mean you started 1 April with all holiday taken up to that point.

Since you are no longer an employee the best you can do is write to your ex-employer setting out the reasons why you are owed this money, including the fact that you were told by your boss she would sort you out (if you can remember the date of this conversation it would be helpful to add this in). The obligation the employer would have had to give you adequate notice of the change and also explain the arrangement for accrued but untaken holiday. Set a timescale for the matter to be resolved such as 14 days and state that if it cannot be resolved you will be making a claim for unlawful deduction of wages.