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Q: UK vacation pay withheld ( No Answer,   13 Comments )
Question  
Subject: UK vacation pay withheld
Category: Business and Money > Employment
Asked by: beatus-ga
List Price: $5.00
Posted: 08 Sep 2005 09:56 PDT
Expires: 08 Oct 2005 09:56 PDT
Question ID: 565674
I was employed by a British company that offers 20 days of paid
holiday per year. When I left the company, I had 10 days of holiday
due, but the employer will not pay for the time. I also frequently
worked weekends and holidays. Do I have the right to the vacation pay?
What about for weekends and holidays worked?
Answer  
There is no answer at this time.

Comments  
Subject: Re: UK vacation pay withheld
From: mongolia-ga on 08 Sep 2005 10:38 PDT
 
Beatus

Regarding the time you worked Weekends/Holidays, you do not have a case unless
you had an agreement with your employer that you would be paid for this.
(If you do have an written agreement then you are probably in a good
position to claim for this time)

Regarding the Holiday Pay , if you have 10 tens holiday accumulated for the 
holiday year then you should be entitled to this.

If a Researcher can confirm this , I would call up the HR dept. , tell
them you are legally entitled to be paid for this time. Also explain
you wish to
see the money within seven days , otherwise you will sue the company
in Small Claims court.

If they still refuse to pay , go ahead with the Small Claims Court action. 

Good Luck  

Mongolia
Subject: Re: UK vacation pay withheld
From: beatus-ga on 08 Sep 2005 11:47 PDT
 
Thank you very much for this reply. Would you be kind enough to
explain the term "10 tens?"
Subject: Re: UK vacation pay withheld
From: myoarin-ga on 08 Sep 2005 20:28 PDT
 
I expect "10 tens" was a typo:  read "10 days".
Subject: Re: UK vacation pay withheld
From: beatus-ga on 09 Sep 2005 01:33 PDT
 
Most kind of you. Thanks very much.
Subject: Re: UK vacation pay withheld
From: jumpingjoe-ga on 09 Sep 2005 09:03 PDT
 
I would say, subject to you taking further advice, that you're
entitled. Don't use the small claims court, it will be less formal,
cheaper, and easier to use the employment tribunal. You can register
tribunal awards as court judgments if you need to enforce them. Try
the Acas website for confirmation first:
http://www.acas.org.uk
Subject: Re: UK vacation pay withheld
From: beatus-ga on 09 Sep 2005 09:38 PDT
 
Most interesting. I was not familiar with the unemployment tribunal. I
will check out the Web site you suggest.
Subject: Re: UK vacation pay withheld
From: jumpingjoe-ga on 09 Sep 2005 12:14 PDT
 
The Employment Tribunals are a useful way of resolving disputes,
simply because it's free to commence an action, and they're far more
forgiving to the layman than the courts. You can even commence your
claim online. There are however strict time limits (usually three
months) that apply to most claims. Like most legal fora however there
are financial penalties for bringing claims that are entirely
misconceived, consult Acas, a solicitor, or a Citizen's Advice Bureau
before proceeding. Here's a recent story where the employment tribunal
has a high profile:

http://news.bbc.co.uk/1/hi/uk/4230472.stm

And here's their website:

http://www.employmenttribunals.gov.uk/
Subject: Re: UK vacation pay withheld
From: jago8-ga on 09 Sep 2005 12:25 PDT
 
It also depends under what circumstances you left the company.  If you
left of your own accord without giving notice and working your notice
period, the tribunal would probably not rule in your favour.
Subject: Re: UK vacation pay withheld
From: mongolia-ga on 10 Sep 2005 08:01 PDT
 
myoarin

many thanks for pointing out my typing error. (Unfotunately my typing
skills are even worse than my Irish and Latin)

Mongolia
Subject: Re: UK vacation pay withheld
From: mongolia-ga on 10 Sep 2005 08:08 PDT
 
Jumpingjoe 

My reason for suggesting the Small Claims court is that I have used it
in the past where the issue was clear cut. Although a bit formal it
did resolve my issue. I also thought it was simpler than going through
regular legal channels.

However as you are a official reseacher with some background in
employment law, I would trust your comments as been good advice.

May I suggest that a researcher you formally answer the question and
hopefully that will clarify any issues for Beatus.
Many Thanks
Mongolia
Subject: Re: UK vacation pay withheld
From: mongolia-ga on 10 Sep 2005 08:14 PDT
 
Beatus
First apologies for my "typo".

Please note that I am not an official researcher. However Jumpingjoe
(who has added two comments on your question) is an official
researcher.
(You can tell the difference as he is "Blue"  while I am a mere "Black")

In order to clear up any confusion , I have asked Jumpingjoe to
formally answer your question so you will have one official answer.

Hopefully that will clarify matters for you.

Kind Regards

Mongolia
Subject: Re: UK vacation pay withheld
From: beatus-ga on 10 Sep 2005 23:44 PDT
 
How does one begin a case online at the Employment Tribunal? (please
excuse my typos as well)?
Subject: Re: UK vacation pay withheld
From: beatus-ga on 10 Sep 2005 23:46 PDT
 
Sorry, just checked the Web site you so kindly provided, and found the form.
It does seem a much better route to go, since the initial discussion
won't require an appearance.

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