Ex employer withholding holiday pay

zzzLazyDaisy

She puts that she wants compensation for both.

The figures for the holiday claim go in the 'particulars' - where you say what the problem is.

So she would say something like

When my employment ended I had [x] days holiday owing to me. This is a total of [£x ]. My employer did not pay me the amount owed for outstanding holidays in my final wages, and despite letters dated [date and date] (if appropriate, if not just miss that bit out) this money is still owing.

Note you should not refer to any discussions through ACAS as these are not supposed to be brought to the tribunal's attention.

nickih28

zzzLazyDaisy wrote: »

She puts that she wants compensation for both.

The figures for the holiday claim go in the 'particulars' - where you say what the problem is.

So she would say something like

When my employment ended I had [x] days holiday owing to me. This is a total of [£x ]. My employer did not pay me the amount owed for outstanding holidays in my final wages, and despite letters dated [date and date] (if appropriate, if not just miss that bit out) this money is still owing.

Note you should not refer to any discussions through ACAS as these are not supposed to be brought to the tribunal's attention.

Thanks for your help, she has completed the on-line claim form and submitted it earlier, but she has just received an email from him saying he has a letter at the office with details of holiday pay and he will get it sent out with money owed!

Doesn't give any indication as to how many days holiday he is paying tho, or when he will send it out !

Not sure if she should offer to collect letter and payment or just ignore it and see if anything actually turns up, then if it doesn't he will get the tribunal claim anyway, my feeling is he will not pay the full 6.5 days but who knows! :cool:

zzzLazyDaisy

I'd be inclined to wait for it to turn up in the post.

The tribunal claim has been lodged now. If she gets her money she can withdraw the claim, no penalties for doing that, so no problem. If the money doesn't turn up, or not enough money turns up, then getting the tribunal claim may just give him the jog he needs.

Of course she could arrange to go and pick it up, but really does she want personal contact with this man? And if he is genuine in what he says, won't he have already posted it off by now anyway?

(I am a cynic and am inclined to think that this is probably just a delaying tactic designed to convince her not to put the ET claim in yet, and the said cheque will probably get 'delayed' or 'lost' in the Christmas post, but I do hope I am wrong)

nickih28

zzzLazyDaisy wrote: »

I'd be inclined to wait for it to turn up in the post.

The tribunal claim has been lodged now. If she gets her money she can withdraw the claim, no penalties for doing that, so no problem. If the money doesn't turn up, or not enough money turns up, then getting the tribunal claim may just give him the jog he needs.

Of course she could arrange to go and pick it up, but really does she want personal contact with this man? And if he is genuine in what he says, won't he have already posted it off by now anyway?

(I am a cynic and am inclined to think that this is probably just a delaying tactic designed to convince her not to put the ET claim in yet, and the said cheque will probably get 'delayed' or 'lost' in the Christmas post, but I do hope I am wrong)

Thanks, she didn't reply to him and had another email yesterday saying he had posted it, she had asked him previously if she could collect it when it was ready and he even used that email to reply her yesterday saying he had posted it, nice man.

Like you I dont believe he has posted it, or if he has it will be nothing like what he owes and she probably wont get it in time to get the cheque cleared before christmas now !

Uncertain

nickih28 wrote: »

Like you I dont believe he has posted it, or if he has it will be nothing like what he owes and she probably wont get it in time to get the cheque cleared before christmas now !

Probably - who knows!

Anyway, stick with it and you will get everything she is owed eventually!