Incorrectly accrued holiday back pay

Kennyf_2

It has recently came to light that my employer has been incorrectly accruing my holidays entitlement, the questions I want to ask are:
1: can the employer pay this as a cash lump sum
2: do I have to take the back payment as holidays

KatrinaWaves

Kennyf wrote: »

It has recently came to light that my employer has been incorrectly accruing my holidays entitlement, the questions I want to ask are:
1: can the employer pay this as a cash lump sum
2: do I have to take the back payment as holidays

If you have always been paid your normal salary you probably cannot insist on a cash for holiday trade off. The employer CAn pay this as a cash sum, but they arent obligated to if they would prefer to give you it as the holiday you were entitled to.

How many days are we talking about, over how many years?

getmore4less

Not enough information.

Start with

Statutory or enhanced entitlement
How long has it been going on
Holiday year.

Kennyf_2

Hi

It has been going on for up to 10 years for some employees, the company was TUPE over and they have admitted that holidays were incorrectly accrued and have changed how they accrue them from last month, and told us that we are on zero hour contracts, they have told us that it’s against the law to pay as a lump sum but can offer us the holidays that we have been under paid for,

KatrinaWaves

Kennyf wrote: »

Hi

It has been going on for up to 10 years for some employees, the company was TUPE over and they have admitted that holidays were incorrectly accrued and have changed how they accrue them from last month, and told us that we are on zero hour contracts, they have told us that it’s against the law to pay as a lump sum but can offer us the holidays that we have been under paid for,

How many days does this amount to? 10 years could be 50 days it could be 5 days.

I'm not au fait on the law of situations like this but it makes sense that you were not given the right amount of holiday, and they are rectifying this by giving you the holiday.

Kennyf_2

100 days for some

getmore4less

Are they really expecting people to take an extra 100 days holidays.

If really on zero hours it is easy to pay out the holiday over a few weeks unless people are already working excessive hours.