Advice needed on pay entitlement - can employer just stop pay in current circumstances

sharpe106

The government scheme relies on the business/trader being insolvent/administration etc. Not just that they can't pay otherwise every company will try that one. 

At the most you will got a 30 mins appointment with a solicitor who won't tell you for free much except what you have been told on here. 

If they still refuse to pay the only option you really have is to pay for further legal assistance, i.e be a solicitor letter to begin with and hopefully they will pay but that won't be free and if they still refuse to pay to go to court again that will cost to begin with. 

You could try a no win no fee lawyer but even still they aren't actually no fees. 

Jeremy535897

At least the issue of whether your husband might have to refuse to work seems to have gone away? It looks as if you will have to persist with ACAS. See https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/starting-an-employment-tribunal-claim/

GDB2222

I’ll repeat the adviceI gave earlier. Going to the Employment Tribunal is quite expensive and very stressful. It’s not worth employing a solicitor, so you would need to do it all yourself. It’s a massive learning curve. Some people are cut out for that sort of thing and relish it, but most are not. Of course, the same applies to the employer.

If at all possible, try to reach a compromise agreement with the employer, even if you don’t get all you are entitled to or have to wait for payment until the coach is sold. It’s better than a heart attack. 

Molly56

Some progress following our written concerns earlier this week..received a reply today.....at least he is  now thinking about the possible implications and path ahead.....also seeking advice from his solicitor with regards to the law....am hoping this will just reiterate the legal options we already know and advice we have learnt here....it’s a start...
...funny though how he can’t afford to pay anything re wages or contribution to furlough but can afford his solicitor!

Still hoping we haven’t missed anything but confident of our position re employee rights etc .....will decide next steps depending on outcome of advice he receives. 

Molly56

Just trying to work out holiday pay to add in to redundancy claim. In the absence of a written employment contract are there any conventions on when holiday leave year begins and ends. 

Employee started job at beginning of May so is that the date we should use.....he has asked his employer in the past as to when holiday leave year runs from and to but has always received a vague answer.....also has never in all his years taken his full entitlement (has probably only ever taken half of it) but guess that is just written off. 

Just want to make sure we get what is due for this year.....am basing it on 28 days which is I believe the statutory entitlement. 

Jeremy535897

28 days is the statutory minimum. See https://www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement 

"Leave year

An employer should tell their staff the dates of their statutory leave year as soon as they start working, for example, it might run from 1 January to 31 December.

Workers must take their statutory leave during this time. If a leave year is not set out in a contract then it will start:

• on the first day of a new job (if started after 1 October 1998)
• on 1 October (if started on or before 1 October 1998)"

GDB2222

28 days including bank holidays.

Molly56

Could an employer argue that you had annual leave either
 1) whilst furloughed or
2) demand that you take annual leave during a statutory period of notice for redundancy 
in order to avoid paying holiday pay as part of redundancy process

sharpe106

You need to be given notice to take leave so they can during the notice period if they give you notice, most companies will do that especially if they do not need you.

Jeremy535897

Molly56 said:

Could an employer argue that you had annual leave either
 1) whilst furloughed or
2) demand that you take annual leave during a statutory period of notice for redundancy 
in order to avoid paying holiday pay as part of redundancy process

They have to give the appropriate notice (twice as long as the holiday, unless the contract of employment says otherwise), but yes they can, at least until someone takes a case to the courts.