Ex employer refusing to pay holidays owed

paddedjohn

OP, when you get yourself another job just bear in mind that the employer can dictate when you take your hols if they so wish as long as you get at least the stat minimum.

anamenottaken

AP007 wrote: »

The OP said the employer has admitted to owing technically £425 but as they had paid them £100 x 3 for the 3 weeks when they were closed they are saying they only now owe the OP £125

The claim here is that the £100 (x3) was not holiday pay therefore all the holiday pay has not been paid

£425 is a little less than the amount mentioned as calculated with ACAS. I'd also be surprised if the real sum would be whole pounds only.

AP007

anamenottaken wrote: »

£425 is a little less than the amount mentioned as calculated with ACAS. I'd also be surprised if the real sum would be whole pounds only.

Even so they have admitted they would pay some not all of what the OP expects

wilykit

My employer did NOTHING by the books. He claims his accountant has calculated he only owes me £125, which I know is lies as my employer never kept a record of what hours we worked so there is no way he or his accountant can work it out.

I was told by ACAS to work out how many hours I worked in the last 12 weeks in order for them to work out what I am owed. I kept all my hours in my diary so it was easy for me to work out.

One payment of £100 for him closing for 3 weeks is not sufficient in my opinion.

I can't stress enough how incompetent my ex employer is!

Thanks for all your replies and advice xx

anamenottaken

wilykit wrote: »

My employer did NOTHING by the books. He claims his accountant has calculated he only owes me £125, which I know is lies as my employer never kept a record of what hours we worked so there is no way he or his accountant can work it out.

I was told by ACAS to work out how many hours I worked in the last 12 weeks in order for them to work out what I am owed. I kept all my hours in my diary so it was easy for me to work out.

One payment of £100 for him closing for 3 weeks is not sufficient in my opinion.

I can't stress enough how incompetent my ex employer is!

Thanks for all your replies and advice xx

I read your original post as saying that you had received £100 (as you say in this latest post) but others have taken it to be £100 for each of the three weeks and that the £125 is therefore £425 less £300. Is this what the employer is claiming - that you were paid £300 when you were paid only £100?

wilykit

No my employer is claiming that the ONE payment of £100 counts as holidays.

We never wanted to be out of work for 3 weeks - he chose to pay us! Plus he never told us it was holiday pay.

He also refused another member of staff holiday pay and said "holiday pay?! you get tips don't ya".

He is unbelievable.

wilykit

But my point is - he has pulled this figure out of a hat.

He left it to US to sort the rotas and cover working hours, he refused to have anything to do with it.

I kept a record of my hours, he doesn't keep a record of anyone's hours so there is no way he or his accountant can work out what hours I worked/what I am owed.

zzzLazyDaisy

wilykit wrote: »

I kept a record of my hours, he doesn't keep a record of anyone's hours so there is no way he or his accountant can work out what hours I worked/what I am owed.

OP did you have a contract or an offer letter? If so what did/does it say about contractual hours?

It would usually say something like "you are employed to work [x] hours per week, but you may be required to work such additional hours as the needs of the business dictate".

alonehiker

If you truly believe unlawful deductions have been made from your earnings submit an 'ET1' form electronically.

anamenottaken

wilykit wrote: »

No my employer is claiming that the ONE payment of £300 counts as holidays.

We never wanted to be out of work for 3 weeks - he chose to pay us! Plus he never told us it was holiday pay.

He also refused another member of staff holiday pay and said "holiday pay?! you get tips don't ya".

He is unbelievable.

Please get your story straight on how much money was paid (whether or not it was said to be holiday pay at the time).

In two places you have said £100 and now you are agreeing it was £300.