HELP not been paid holiday pay for 9 years

Brynsam

zim123 said:

@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

Hopefully they are more 'on top' of statutory maternity pay than normal annual leave? The fact you won't be returning to work doesn't affect any entitlement you may have to SMP.

bucksbloke

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 

Your claim in a county court, would allow you up to 6 years. Citizens' Advice is correct. 

Masomnia

The UK government sought limit claims for backdated annual leave to 2 years through legislation. Can't remember which legislation, possibly an amendment to working time regs, but that's where ACAS got it from. EU said that's not lawful, but as far as I know UK hasn't changed it's position. I think bucksbloke is right though you potentially pursue it as a contractual claim.

Comms69

Masomnia said:

The UK government sought limit claims for backdated annual leave to 2 years through legislation. Can't remember which legislation, possibly an amendment to working time regs, but that's where ACAS got it from. EU said that's not lawful, but as far as I know UK hasn't changed it's position. I think bucksbloke is right though you potentially pursue it as a contractual claim.

Indeed, the UK seems to have missed the boat somewhat as they did not enact the rolled up holiday pay legislation either. 

So some that means a 12% bonus

zim123

Yes that's what I understand back dated pay is only a 2 year claim but the fact that. I have taken holiday and never been paid my holiday pay is a different scenarios I guess. Spoke to a lawyer and they said employer must either form a settlement agreement of a financial payment and come to me with a figure. 
Do you think the fact that I may have not taken all my holiday days some years would make a difference. Obviously I those points I didn't want to lose out on work as I thought I wasn't getting holiday pay.
I have also since found my contract which states I am entitled to holiday pay pro rata. 
I stopped working for this lady for 6 months in 2015 but never signed a new contract when I returned ? Will this be an issue too

Comms69

zim123 said:

Yes that's what I understand back dated pay is only a 2 year claim but the fact that. I have taken holiday and never been paid my holiday pay is a different scenarios I guess. Spoke to a lawyer and they said employer must either form a settlement agreement of a financial payment and come to me with a figure. 
Do you think the fact that I may have not taken all my holiday days some years would make a difference. Obviously I those points I didn't want to lose out on work as I thought I wasn't getting holiday pay.
I have also since found my contract which states I am entitled to holiday pay pro rata. 
I stopped working for this lady for 6 months in 2015 but never signed a new contract when I returned ? Will this be an issue too

You didnt take ANY holiday days.
You are entitled to paid time off, you didnt receive that. 

zim123

No but I have gone back over my rota as long and as far back at possible and only on 3 years did I work 110 days , 164 days and 160 days but other than that I have worked 182 days or more. No holiday pay or paid time off on any of the years I have been employed