holiday pay and no written contract PLEASE HELP

[andyb]

hi all im new here and i need need abit of help ill try not to waffle on so here goes

ive just left my current job of which ive worked there for 14months (started mid june last year)

so ive now left after giving 2 weeks notice which was as i was paid and agreed by the owner

he told me i was going to get a full 28 days holiday pay minus what ive taken which is none

ive spoken to him today to confirm what ill be getting now hes telling me im only getting holiday from april this year but i have no written contract so he say its a verbal contract.

what i need to know is what is the law on my holiday pay period ive spoken to acas but my ex employer is been clever about the whole thing also can i go to tribuneral if so what exactly can i claim for i.e can i try claim for holiday pay from june last year to april this year as again ive havent taken anything or is it to late

thanks in advance

[Sapphire]

Re: holiday pay and no written contract PLEASE HELP

Hi and welcome, we have a couple of people on here who are extremely knowledgeable about employment law, please hold on until they arrive.

[miliitant]

Re: holiday pay and no written contract PLEASE HELP

evening all

you do have a contract of employment, even if it is only an implied contract.
the employer does not have to give you a written contract but must give you a written statement of particulars. this is sometimes known as an employees handbook

the employees hand book needs to be given within 60 days of starting employment


in that employee handbook, by law, the employeer must set out things called perscribed terms. these are such things as rates of pay, holiday entitlement, sickness and disciplinary procedures

holiday pay as a rule runs in a 12 month cycle. the employee must give you the statutory minimum 28 days holiday a year for full time staff which can include bank holidays.

most companies do the holiday period from april to april (tax year)

i can see no reason why you cannot claim and which is due from june 2011 to april 2012

you need to be sending your boss a letter, my advice would be after he has paid any final money owing into your bank account

head the letter LETTER BEFORE ACTION

state that you have consulted indapendent legal advice and not allowing your statutory holiday entitlement they are in contravention of section 13 of the Employment Rights Act 1996 (unlawful deduction of wages)


you require an immediate response as to rectify this complaint or a claim will be submitted without further notice to the employment tribunal service for compliance

i may seem hard when i post but i have no sympathy with any employer who tries to pull a fast one. and send the letter by recorded delivery,

AFTER YOU HAVE BEEN PAID ANY OUTSTANDING WAGES

YOU HAVE THREE MONTHS LESS 1 DAY TO MAKE A CLAIM TO THE EMPLOYMENT TRIBUNAL SERVICE FROM LAST DAY OF SERVICE OF EMPLOYMENT

just a foot note

you have also accured holiday entitlement from april 2012 to september 2012 if you have just given in your notice as well

may i ask why you never took any holiday entitlement from june 2011 to april 2012

[andyb]

Re: holiday pay and no written contract PLEASE HELP

hi

i have nothing written at all no hand book or anything

so when should my holiday period start, from the day i started or from april to april as hes trying to say was in a verbal contract

im so stress and confused as before i left he told me i would get a full years holiday pay so im planning of taking some time off so need what he promised


i never took any holiday last year as i never got chance to take any as i never had anyone to cover me even taking leiu days was near impossible

[miliitant]

Re: holiday pay and no written contract PLEASE HELP

the employer has committed an offence if he has not provided a contract of employment or an employees hand book. that will go down in your favour at an Employment Tribunal

you start to accure holiday pay from when you start employment, and april to april as a rule but custom and practice may dictate a difference, but unlikely


The Employment Tribunal can award either two or four week’s pay in addition to any other award you are given because of your employer’s failure to provide you with a written statement of particulars

may i ask why you never took any holiday entitlement from june 2011 to april 2012

[andyb]

Re: holiday pay and no written contract PLEASE HELP

yea i never took holiday last year as i never had chance as had no one to cover me so was never an opitunity to take any

[miliitant]

Re: holiday pay and no written contract PLEASE HELP

may i ask what line of work you were engaged in

[andyb]

Re: holiday pay and no written contract PLEASE HELP

i am a chef working full time

[miliitant]

Re: holiday pay and no written contract PLEASE HELP

good enough

i take it your employeer will not like it if we started to dig into the working time regulations as well

just a joke that

do nothing until you have been paid your final salary, then come back and update your thread. before we jump the gun, lets see what your employeer actually pays you first

i will then if needed post a letter onto your thread with the legislation for you to send your employeer about reclaming your wages/holiday pay

many years ago i was a chef de partie, i got out of the professional game as the split shifts were killing me, so i understand what you are going through

[andyb]

Re: holiday pay and no written contract PLEASE HELP

split shifts i wish haha

i recieved my final pay today which included no holiday pay he says i will get what im owed from april this year on the 14th of september??

he also deducted Ł250 from my final pay which was a sub i took a while ago which he said i could pay back when i could afford it, i had all intension of giving it him back but he just took it without notifing me

i also spoke to acas today about holiday pay from when i started (june 2011) and the said i have to make a claim asap as after the 13th of septenber it will be too late

[miliitant]

Re: holiday pay and no written contract PLEASE HELP

acas are correct

june 2011 to june 2012 (*cause of action )plus three months to make a claim is september

now you have your final salary i will construct a letter ready for you tomorow evening

it will be a seven day letter before action as you are time limited to get the ET1 FORM IN

[andyb]

Re: holiday pay and no written contract PLEASE HELP

just to throw another spanner in

my boss lets say is called Mr x

from june 2011 mr x was my boss (manager sort of thing)

in january Mr x took over the business and started a new company of which he is now MD ( 9TH OF JAN AS I WAS TOLD )

DOES THIS AFFECT ANYTHING?

[CleverClogs]

Re: holiday pay and no written contract PLEASE HELP

i never took any holiday last year as i never got chance to take any as i never had anyone to cover me even taking leiu days was near impossible

Did your employer allow you any time during working hours to go to the loo?

[CleverClogs]

Re: holiday pay and no written contract PLEASE HELP

many years ago i was a chef de partie

And had to wear a partie hat?

[bluebottle]

Re: holiday pay and no written contract PLEASE HELP

What partie was that... birthday partie, office partie, Christmas partie?