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

Uncertain

The normal presumption in English law is that mail IS delivered. In a way, proof of posting is all that is required but recorded delivery provides extra re-assurance.

For a civil case (balance of probabilities not beyond reasonable doubt) a firm will need some pretty convincing evidence, such as a history of postal problems, to convince a judge they didn't get a letter where the sender has proof of posting.

Even Special Delivery (which used to be called registered) does not prove WHAT you sent - it could have been an empty envelope!

Unless you get an automated read receipt there is no easily available proof that an email was delivered. Just requesting such a receipt is no guarantee as many people have that function turned off or set to ask before sending.

I know that with detailed forensic work pretty much anything that has touched a computer can be proved that that is totally out of proportion to this claim.

With a small business such as this there will nearly always be a signature for delivery downloadable from the Royal Mail. In the unlikely event there is not, or the item is refused, then you still have proof of posting which is all that is really necessary.

Should it be refused, simply send it again in another different envelope with somebody else's handwriting and, preferably, a different postmark!

Millie.

I only left my job a month ago, so I have enough time.

In a turn of events he has paid me, he paid me £164.80. Which I don't think is anywhere near enough. I received no payslip so I am still very confused.

I think with what everyone has said I will try and work out how much I am fully owed (if anyone can help that would be great) I will send an email AND a letter. Also what if I handed it to him personally?

[Deleted User]

Here are some pointers to help you work out your entitlement:
When does holiday year begin and end?
What is your entitlement? If you don't have a contract assume stat minimum 28 days per annun.
Were you a full time worker? How many days/hours did you normally work?
Holiday pay can be calculated on a 12 week average so if you didn't do as many hours towards the end then this could be the reason the pay is low?

Uncertain

Millie. wrote: »

Also what if I handed it to him personally?

No, that is the worst of all (unless you have a witness) as it would just be your word against his!

As I mentioned, if full time you are owed just over a day (actually 1.08 days) for each two weeks you worked obviously less any holiday you have taken.

Mrs_Arcanum

ohreally wrote: »

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.

I sent something to my own work e-mail that has never arrived. Yet other things I send arrive no problem. Would you take that risk?

andyf3050

This happened to me a number of years ago. I was owed five days holiday and my employer was basically saying 'tough, you won't be seeing any of it'... So I contacted ACAS and explained everything to them. They contacted my employer... he paid up...!

Worth giving them a call sooner rather than later.
I hope this helps...?

Andy

Millie.

I was full time but my hours did vary slightly, my holiday ran from jan-dec I had no contract.

I am trying to get some of my missing wage slips from him to see how many hours, to work out how much I am owed, I'm worried he won't get back to me and time will run out. Its very stressful and I can see why the other girls gave up, but I dont want him to get away with it!

Savvy_Sue

You can file without having all the information you might eventually need. Just don't miss the deadline.