Holiday pay - 1/260 or 1/365

Comms69

zagfles said:

Comms69 said:

zagfles said:

Or you could read the ACAS site and follow their advice.

Not sure how an ET would be better? Small claims tends to be much quicker

Really? What are the relative timescales of an ET compared to small claims? 

What about early concilliation, how long does that usually take?

What are the costs of each?

Small claims typically (currently both are obviously delayed) is 6 weeks, ETs 6 months+ 

Early concilation isnt necessary, and in anycase is basically voluntary

Costs zero (though small claims has an initial cost which you claim back after you win)

zagfles

I suspect this employer will settle well before any court or ET anyway - they just need to know the OP is serious.

oh_really

^ This.
Are there shift allowances or enhancements to factor in?

jamielutz1987

To update this - the employer paid up after being contacted by the ACAS Conciliator We went for the Employment Tribunal process in the end. It was very straightforward and simple to initiate.

For others with similar issues, we talked to CAB before deciding between small claims and the tribunal, they strongly recommended the tribunal as -
- no upfront costs for the claimant
- for a simple unpaid wages claim, there is almost no avenue for the employer to counter-claim
- no (or <1%) chance of costs being awarded to the employer for an unpaid wages claim
- generally speaking, employers will do all they can to avoid going to the tribunal

Thank you to everyone who commented and especially @zagfles for pointing us in the right direction.