Help! My boss won't pay me my accrued holiday!

Millie.

My previous employer won't pay me my accrued holiday, he has payed me my wages but owes me around 12-14days holiday and every time I text or ring him he doesn't pick up or get back to me. I know he is ignoring me and will continue to do so.

Can anyone tell me the correct procedure to get this money?

p00hsticks

It sounds like you're not very sure yourself of the number of days for which he owes you ?

I'd suggest your first step is to work out exactly how many days you are owed and how much that amounts to.

Then write a letter to your ex-employer, stating politely but firmly that you are writing to remind him/her that you still have x days holiday pay totalling £xx.xx outstanding. Say that you expect to receive payment within a given time frame (say 28 days) otherwise you will be taking further steps to pursue your claim.

I'm not sure what those next steps would be though. I'm not sure if the small claims court would cover this sort of thing ?

Firefox1975

Make sure you figures are correct aswell. Otherwise it could go all the way to court and then get thrown out.

(check bank holidays were not included etc.)

Millie.

I worked 6 1/2 months through the year and hadn't taken any holiday, we had 2 days where we were shut (we were only shut for 4 days of the year and always worked bank hols) he is the kind of employer that if he can get away with not paying he will, hoping at some point i'll just give up, He has done it before to other people and they have given up on it.

I am willing to go as far as an employment tribunal but I need to make sure I'm taking the correct steps beforehand

ohreally

Write to him electronically so you can generate a paper trail to him. Set out your case stating why he owns you and give him a reasonable time to respond.

You may well be looking at an unlawful deduction. In terms of a complaint to the ET, the clock is ticking against you and you generally must lodge a complaint within 3 months.

How long ago did you leave/ become aware of the loss?

Uncertain

ohreally wrote: »

Write to him electronically so you can generate a paper trail to him. Set out your case stating why he owns you and give him a reasonable time to respond.

You may well be looking at an unlawful deduction. In terms of a complaint to the ET, the clock is ticking against you and you generally must lodge a complaint within 3 months.

How long ago did you leave/ become aware of the loss?

Yes...

The three month time limit (less one day) is strict so do not be strung along. You can file an Employment Tribunal claim online completely free of charge. You can always withdraw it if he pays up which he almost certainly will once he realises you are not going to go away.

Your holiday accrued right up to the end of your notice period (just over 1 day for each two weeks worked) and also accrued during any time you may have had off sick.

As suggested, if there is still time, WRITE (recorded delivery) stating what is owed and giving a short but reasonable period in which to pay failing which you will begin legal proceedings without further notice.

Should you miss the ET deadline (try not to) you can also make this claim via the County Court for up to six years but you will have to pay a fee up front. (Five years and Sheriff Court in Scotland).

ohreally

I wouldn't write recorded delivery, send an e-mail.

patman99

ALWAYS write and send via Recorded Delivery. NEVER use email. R/D creates a definate piece of evidence (it was received and signed for by someone within the company), whereas an email generates no papertrail as the recipient can choose to not respond and there will be no evidence that the message was ever received.

You may run out of time for an ET claim, but you have up to 6 years to file a claim in the SCC. You mention others have not bothered chasing the thieving git. If you know who they are, they might like to also file SCC claims as well.

ohreally

patman99 wrote: »

ALWAYS write and send via Recorded Delivery. NEVER use email. R/D creates a definate piece of evidence (it was received and signed for by someone within the company), whereas an email generates no papertrail as the recipient can choose to not respond and there will be no evidence that the message was ever received.

You don't box clever nor do adversarial strategy well. This would likely be doomed to fail, even switched on junior staff would be expected to field this into touch, consequently taking the op out of time.


OP do this at you peril, i'm bowing out now.

jazabelle

Why don't you send both an email and a letter? Then you've covered both bases.

ktothema

patman99 wrote: »

ALWAYS write and send via Recorded Delivery. NEVER use email. R/D creates a definate piece of evidence (it was received and signed for by someone within the company), whereas an email generates no papertrail as the recipient can choose to not respond and there will be no evidence that the message was ever received.

not strictly true sadly. I just sent a bunch of paperwork off recorded to job centre re maternity allowance claim. Proof of delivery? Well there no signature or date on it. Post office say that's standard with companies now if lots of RD going to them. They sign a blanket thing but no individual piece of response. Also, as my office has successfully argued before, RD only proves it got to the post room, not out. Still a company issue but...

Also on many email programmes you can get read and received responses. Similar issues to above though.

Personally, I'd send both.