HELP not been paid holiday pay for 9 years

Comms69

nicechap said:

Well, it could vary according to the hours/ days actually worked but as I put in my first post, 22 days.  

182 days x 12.07 % = 21.96 days rounded up.  Other methodologies are available.

Fair enough

zim123

Okay thanks very much I had done it this way 182 ÷52=3.5
3.5 days a week average per full year say
3.5×5.6= 19.6 therefore 20 so not too far off

nicechap

zim123 said:

Okay thanks very much I had done it this way 182 ÷52=3.5
3.5 days a week average per full year say
3.5×5.6= 19.6 therefore 20 so not too far off

That certainly works too.  Your 3.5 days could however equal 35 hours a week compared to an office bod doing 40 hours a week, so you could argue 35/40 x 28 days ....... = 24.5 days.  But your 35 hours a week for an entire year has no leave included, so I could make a calculation that says you're entitled to full 28 days (35 hrs x 1.1207%/ 40 x 28).

As I said.other methodologies are available.

Your employer may baulk at the idea they owe you nearly a year's salary.

Manxman_in_exile

I'm a bit surprised that, if the OP's client has "an accounting firm" (see OP) that presumably manages her payroll, this hasn't been raised as an issue in the previous nine years.

zim123

@Manxman_in_exile I totally agree especially when they have been so on top of tax NI and pension contributions. It's surprised me too

Masomnia

I'd get advice. Under decisions at a European level you can claim for the full 9 years (albeit possibly just 4 weeks per year), but UK law isn't quite up to speed as someone has mentioned. 

zim123

@bucksbloke how do you see I am entitled to 6 years acas has said only 2 years which I would love to be entitled to more than that obviously 

Comms69

zim123 said:

@bucksbloke how do you see I am entitled to 6 years acas has said only 2 years which I would love to be entitled to more than that obviously 

Can you link where ACAS has said 2 years? 

It's just money owed, and 6 years is the limit

zim123

Thanks @Comms69 phoneD ACAS tis morning and they said 2 years but citizens advice has said best off with settlement agreement and county courts would allow for 6 years 

Comms69

zim123 said:

Thanks @Comms69 phoneD ACAS tis morning and they said 2 years but citizens advice has said best off with settlement agreement and county courts would allow for 6 years 

I think ACAS are perhaps confusing the issue of 'using paid leave' with 'getting money owed' - though i couldnt say for sure.