Company refuse to pay for unused annual leave days

Undervalued

Rudess wrote: »

There is no reference anywhere for me being required to use them.

Well as I said you may have a case.

Obviously they might try to say you were told to use up the holiday (it doesn't have to be in writing) and could reasonably argue that it is common practice. You would need to say otherwise and ideally back it up with reasons why they did not want you to spend a significant chunk of your notice period away on leave. Huge workload maybe?

Ultimately it will come down to who the judge believes on the balance of probabilities.

TBagpuss

You say

In these 3 months I was still officially working, making meetings with clients and representing the company in events.

Were you working full time?
Have your employers explained why they don't consider that you are entitled to payment for the holidays?

t0rt0ise

Just threaten them with small clims court. I did that with an nhs trust and they then paid pretty sharpish.

Rudess

TBagpuss wrote: »

You say
Were you working full time?
Have your employers explained why they don't consider that you are entitled to payment for the holidays?

Yes, full-time.



Why they don't consider? just because they don't want to pay. Thankfully I already have a legal advise from a top employment law solicitor, so the law is on my side and if I don't get paid by end of the month, this will go to employment tribunal.

Me2you

Employment law solicitors just want your money.

Southend1

You need to go through ACAS conciliation before tribunal. Talk to your union rep who will be able to support you with this.

jobbingmusician

Make sure you have copies of any emails which support your (implied) contention that you could not take your AL before leaving the company. Anything where you agree what you are going to do during your notice period would be a good start in proving that you were not told to use up your holiday before leaving.

Rudess

Me2you wrote: »

Employment law solicitors just want your money.

Luckily I know that employment solicitor as it's a friend.

Rudess

jobbingmusician wrote: »

Make sure you have copies of any emails which support your (implied) contention that you could not take your AL before leaving the company. Anything where you agree what you are going to do during your notice period would be a good start in proving that you were not told to use up your holiday before leaving.

At no point I was told to use my annual leave days, not in writing and not verbally. My termination letter makes no mention of this either.

Comms69

Rudess wrote: »

Luckily I know that employment solicitor as it's a friend.

If they're a friend, why didn't they tell you to just go to small claims?


It'll be much quicker.