Questioned Holiday Entitlement and now employer says might not have a job?

heretolearn_2

Make sure she keeps the text.

If things do get nasty - if she is dismissed, then dismissal for expecting your statutory employment rights such as paid holiday is automatic unfair dismissal, and this would be proof that's the reason.

dont' tell the employer that as she might decide to find another fake reason instead.

Just keep the text in case.

zzzLazyDaisy

getmore4less wrote: »

That will be a tough one.

if the holiday year is jan-dec there is time for a claim for last years but not previous to that.

Hmmmm.... I am not so sure about that, in this particular case.

This is a case of the employer misleading/misinforming the employee as to their statutory rights. There is an argument that the employer cannot rely on its own wrongdoing to deprive the employee of their rights. So I would be inclined to make a claim for an unlawful deduction from wages, as an ongoing continuous course of conduct over a six year period. The claim must be made within three months of the last refusal/failure to pay holiday pay in accordance with the employees statutory rights.

For practical reasons I would encourage the employee to come to an amicable decision with the employer, but if this proves impossible, or if she does indeed lose her job over this, then I would have no hesitation in going for the full amount.