Partial holiday pay on leaving employment

[Bikingstig]

This seems to be a place filled with great advice and knowledgeable people!

I wondered if someone might be able to help?

I worked for 6 months, part time (22.5 hours/week) for a local dairy. I never received a written contract (though know that it would have been an implied contract), and have never seen a staff handbook. I gave the dairy one week notice of leaving at the end of January, completing my last week in the first week of February this year.

I expected my week of pay (at £7 per hour) and holiday pay that I had accrued but not taken any of. By my reckoning, it should have been:

half of 5.6 weeks (due to only working there 6 months) x hours worked in a week x rate of pay, which ends up at 2.8 x 22.5 x 7, or £441.

When I broached the matter of holiday pay to my employer, she told me that the holidays ran from Christmas to Christmas, and that I would only get one month. I challenged that (stating I had no information regarding holidays), and was told (with a smile) "you should have taken your holidays before Christmas then, shouldn't you" then followed by "I'll see what I can do".

I have just received my last pay, and it worked out at only 35 hours of holiday pay, rather than the 63 I should have got. I know £196 isn't a lot to many people, but to me that is a lot, and I will really suffer without it!

I know there is an employment tribunal, but am unsure of any of the legalities or process involved, or indeed if I have a case that might succeed?

Can anyone spend a few minutes to give me some advice?

Many thanks!

[mariefab]

Re: Partial holiday pay on leaving employment

Soon after employment starts an employer should provide a contract,or other document that contains all the information you need about paid holidays; including enough detail so that you can calculate the amount of holiday pay due on the termination of the employment.

If the employer doesn't provide the details of when the holiday year runs from-to, the legal position is that the employee's holiday year starts/runs from the first day of their employment.
The employers own holiday policies are irrelevant when they weren't communicated. (Like here-only telling you at/after your employment ended.)

So, you have a case that will succeed.

As this is a simple money claim you don't need to go through an employment tribunal.
I seen MCOL referred to on here. It would be cheaper, quicker and easier to use that and you'd probably be able to get your costs too. Others here could advise you on the process if needed.

[Bikingstig]

Re: Partial holiday pay on leaving employment

Many thanks for your time and advice - I'm looking up MCOL right now!