Holiday Pay - Case Law

[User58]

Re: Holiday Pay - Case Law

It's been a while but I can now give everyone an update, I hope it helps someone going through a similar set of circumstances.

My case was postponed the day before it was due to be heard in September and I finally got a date through for this week hence what appears to be a late update.
My ex boss did turn up but still didn't provide a statement and really had very little to say during the very short hearing but I think the judge set the tone at the very beginning of the hearing referring to her comments regarding 'custom & practice', (no one had requested holiday so it was their practice NOT to pay holidays)!

Well I was awarded my unpaid holiday pay and an additional two weeks pay as I had not been provided with a contract of employment in addition to my costs. So an expensive lesson for her as I only ever wanted my accrued holiday and would have withdrawn my claim if it had been paid.

Thank you to the contributors here for your help and reassurance during my 'wobbles', you do a fantastic job.
Wishing you and your families a very Merry Christmas.

[teaboy2]

Re: Holiday Pay - Case Law

It's been a while but I can now give everyone an update, I hope it helps someone going through a similar set of circumstances.

My case was postponed the day before it was due to be heard in September and I finally got a date through for this week hence what appears to be a late update.
My ex boss did turn up but still didn't provide a statement and really had very little to say during the very short hearing but I think the judge set the tone at the very beginning of the hearing referring to her comments regarding 'custom & practice', (no one had requested holiday so it was their practice NOT to pay holidays)!

Well I was awarded my unpaid holiday pay and an additional two weeks pay as I had not been provided with a contract of employment in addition to my costs. So an expensive lesson for her as I only ever wanted my accrued holiday and would have withdrawn my claim if it had been paid.

Thank you to the contributors here for your help and reassurance during my 'wobbles', you do a fantastic job.
Wishing you and your families a very Merry Christmas.

I'd love to know what the judges comments to her saying "no one had requested holiday so it was their practice NOT to pay holidays" lol - She clearly didn't get any legal advice on that haha.

Well done with the outcome too.

[User58]

Re: Holiday Pay - Case Law

@teaboy2 it was all very quick and the mood was set very early. The judge started by outlining what the claim was about, when he got to the part that it was claimed no holiday had been paid during my employment, my ex boss immediately said "well no, no one had asked for it and it was customary not to have holidays during the terms so it was our practice not to........" it was at this point that the Judge looked over his glasses at her and said in a very stern voice "are you telling me that it is custom and practice to breach the employment law in your establishment", She shut up at this point and only answered yes or no for the next 30 minutes even to the question "I understand an employment contract was never provided".


She wasn't happy and got up to leave as the judge was finishing the outline of his order, he then said "and to the matter of costs.....", she immediately sat back down and opened her folder (presumable to view the calculations she had previously threatened me with via ACAS), the judge paused, looked over his glasses at her for what seemed like ages before he turned to me and asked what MY costs were. She got up again and left while the judge was still talking.

[teaboy2]

Re: Holiday Pay - Case Law

Haaaahahahaha - Thats brilliant is that. Bet you were loving every moment of watching her wince and squirm lol

Just a matter of now waiting for her to pay up i suppose! If she doesn't it be time to send in the court bailiffs!