Ex employer withholding holiday pay

Acc72

nickih28 wrote: »

Thanks, he has admitted he owes holiday pay, he is stalling on actually paying it, so i don't know how she would stand with a tribunal as he just keeps saying its with his accountant !

Of course he is stalling - your daughter left this employment 6 weeks ago !

He is literally half way home - it is Christmas in a few weeks, then New Year etc. etc. and before you know it your 3 months (less one day) will be up.

It is clear that there is only one way this money will be forthcoming - and that is by lodging a claim (this will be withdrawn when he pays up, and it won't cost you a penny).

nickih28

Acc72 wrote: »

Of course he is stalling - your daughter left this employment 6 weeks ago !He is literally half way home - it is Christmas in a few weeks, then New Year etc. etc. and before you know it your 3 months (less one day) will be up.It is clear that there is only one way this money will be forthcoming - and that is by lodging a claim (this will be withdrawn when he pays up, and it won't cost you a penny).

Thanks, I guess she will have to start proceedings then, I cant believe how some companies will try and get out of paying such small amounts!! :mad:

Uncertain

Yes, unless you are absolutely certain that the ACAS process has started the legal process (maybe SarEl, a specialist employment barrister, can confirm) you must lodge a claim within three months of your daughter leaving.

I'm afraid I would want more than the word of an ACAS "advisor" over the phone to confirm this.

The normal process is that you would file a claim then it would go to ACAS to try and broker a settlement to avoid the need for a formal hearing. I would be tempted to add the failure to provide particulars of employment to the claim. This might get an uplift of two weeks pay (from memory) if it went the distance so perhaps settle for the holiday money plus one week!

Have you double checked the holiday calculation? Remember she accrued holiday even during her notice period. Roughly, it is just over one day for each two weeks worked.

nickih28

yes, i calculated what holidays she had accrued on the business link web site which said she accrued 10 days, she took 2.5 days plus 1 bank holiday leaving 6.5 days owing, he hasn't confirmed that he agrees this calculation tho! DD says there was no formal holiday request system so she has no written proof of the days she took!

agrinnall

Don't her payslips show holiday pay for the days she took separately from pay for days worked? If they do then surely that would be enough to prove how many days she took.

nickih28

agrinnall wrote: »

Don't her payslips show holiday pay for the days she took separately from pay for days worked?

No, I thought of that and checked her payslips and there are no holidays recorded on them.

getmore4less

Get the ET process started.

You are claiming for statutory monies due and for lack of particulars.

Should need a lot of work like a unfare dismisal claim and no need to show any attempt to mitigate losses.

nickih28

getmore4less wrote: »

Get the ET process started.

You are claiming for statutory monies due and for lack of particulars.

Should need a lot of work like a unfare dismisal claim and no need to show any attempt to mitigate losses.

Thansk for your replies.

I have spoken to DD and she is going to start the ET, apart from putting in about the non payment of holiday pay and lack of particulars is it worth listing the other things such as :-

P45 not processed from her previous employer
Last 2 payslips not received (she has asked for copies but still nothing )
Not being paid on the correct day
Being paid sometimes direct and sometimes by cheque
Not being trained as per the job advertised
No process in place for booking and recording holidays

I know she wont get any more money for these things, she only wants what she is owed, but would it show the tribual what kind of business he runs and how unprofessional he is? or should she just stick to the basic facts

zzzLazyDaisy

She should stick to the basic facts - all that is required of her at this stage is for her to list the actual claims ie breach of contract (failure to pay accrued holiday pay on termination of employment) and Failure to provide a written statement of particulars of employment.

If you go into too much detail, you just give the employer the opportunity to argue about a red herring, instead of focussing on the actual issues.

*If* the case gets as far as a tribunal hearing (which is unlikely) other information may be relevant as part of her evidence to the tribunal, but it is not needed at this stage.

nickih28

zzzLazyDaisy wrote: »

She should stick to the basic facts - all that is required of her at this stage is for her to list the actual claims ie breach of contract (failure to pay accrued holiday pay on termination of employment) and Failure to provide a written statement of particulars of employment.

If you go into too much detail, you just give the employer the opportunity to argue about a red herring, instead of focussing on the actual issues.

*If* the case gets as far as a tribunal hearing (which is unlikely) other information may be relevant as part of her evidence to the tribunal, but it is not needed at this stage.

Thanks will do this, sorry but another question

In the section that asks what compensation she wants does she ask for anything in relation to the no contract or just ask for the holiday pay, and does she put her figures in there as to what amount she thinks she is owed ??