what happens now??

tina_malteser

i'm going to be brief if i can..
i recently left work and left with the pay owed for work done..i said i had holiday pay owed also and that i would collect along with p45 the following week..cut along story short..he only paid me 9hrs hols:rotfl:...i went to see Employment rights and this morning i received a copy of the letter sent to former employer stating he owes me £xxx.xx in unpaid holiday.we ask that the matter is addressed and the payments are made direct to Ms ????..What can i do if he doesn't pay what he owes me??? i guess i go back to employment rights again????

jobbingmusician

Yes you can. Or you can take him to.....ummmm I think it would be Small Claims, for breach of contract. I'm sure Employment Rights would be able to advise you. Did they put a timescale on the letter?

Uncertain

If they don't pay you could pursue this free of charge via an employment tribunal but you only have 3 months from leaving in which to file a claim.

You could also do it via the small claims court where you have up to six years (five in Scotland) but you would have to pay a fee up front. Assuming you win this would be added to the debt.

dumbo

If they don't pay you could pursue this free of charge via an employment tribunal but you only have 3 months from leaving in which to file a claim.

How would it be free of charge, all costs are paid by each party in a tribunal irrespective of who wins the case.

Uncertain

dumbo wrote: »

If they don't pay you could pursue this free of charge via an employment tribunal but you only have 3 months from leaving in which to file a claim.

How would it be free of charge, all costs are paid by each party in a tribunal irrespective of who wins the case.

There is no fee to lodge a claim so, assuming you don't hire a solicitor, you have no costs.

If you go to the small claims court you have to pay a fee when you lodge your claim. OK, assuming you win AND actually manage to get the money then this would be added to the amount owed.

tina_malteser

jobbingmusician wrote: »

Yes you can. Or you can take him to.....ummmm I think it would be Small Claims, for breach of contract. I'm sure Employment Rights would be able to advise you. Did they put a timescale on the letter?

No there was no timescale put on it but i'm thinking 2 weeks would be ample ..

tina_malteser

i know its only been a few days but do you think i should go into the old workplace and find out his intensions???

Notmyrealname

First of all seeing as everyone is jumping the gun:

1) Did you work full time?

2) When does the holiday year run at your last employer? My wife's is Jan to Dec, others are April to March.

3) Have you taken any holidays (including getting paid for bank holidays) since the beginning of the holiday year? We've had 5 bank holidays since April so that would be 5 days holiday pay you'd have had if you were paid for them.