Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder sam walters Novitiate

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    Default Unpaid Holiday pay, ADVICE on letter needed PLEASE...

    Hello, thankyou for reading my request..

    Basically, i have been working for my employer for over a year and never been paid any holidayicon.. i assumed this was the norm as i never signed a contract.

    I handed in my notice the other day and whilst trying to negotiate me staying my boss let slip that i should of had holiday pay, she acted really supprised and angry that i have never had it.
    I have since found out that i was entitled to holiday pay all along reguardless of a contract!!!

    Now i have asked my employer for it she denies i have any, i assume this is because i am still leaving...

    My next step is to write to my soon to be X-employer asking for my entitled holiday pay,, but i dont know how to put it to words?

    Does anybody have any idea how i should word this letter?
    I would like to request all 4.8 days owed (24 days!)
    Please can anyone help...
    Regards sam

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  2. #2
    Site Team Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder Authoritative Sidewinder's Avatar

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    Default Re: Unpaid Holiday pay, ADVICE on letter needed PLEASE...

    Do you know when the company's holidayicon year runs from, for example May 1st to April 30th, or January 1st to December 31st? This would possibly change the entitlement as they could argue that the fact that you didn't take holiday in the last holiday year was your fault and you may find that you haven't yet accrued the full 4.8 weeks in the current holiday year.

    A bit worrying that you don't have any form of contract as every employee is legally entitled to a basic statement of terms outlining hours, pay, holiday etc within 2 months of starting work.

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  3. #3
    Basic Account Holder sam walters Novitiate

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    Default Re: Unpaid Holiday pay, ADVICE on letter needed PLEASE...

    Hi Sidewinder
    Thanks for the reply. I dont know when there holidayicon year should officially run from. I have worked with them from june last year doing 40 hours a week. Never been paid any holiday in that time. When I handed my notice in they didnt want me to leave I said one of the reasons for leaving was because they didnt do holiday pay. My boss then said yeah you do. I said how come I have never had any. The job I have been doing is taxi driver, I get a wage slip every week with 40 hours on it. They lead me to believe while I wasnt working earning them money ,they had no money to pay me holiday pay. I have been taken for a fool and wish I had checked out my entitlements sooner.
    I have been to the cab today and even without a acontract they still have to pay me something but I have to put a request in writing. I dont want to word it wrong.


  4. #4
    Site Team Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff Authoritative Conniff's Avatar

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    Default Re: Unpaid Holiday pay, ADVICE on letter needed PLEASE...

    I'm not sure what you mean by this bit Sam:

    I would like to request all 4.8 days owed (24 days!)
    Are you saying you have had all but 4.8 days of holidayicon pay or haven't you had any.

    You should have been given a 'Particulars of Employment' when you started work with this company, those particulars should have contained at least:

    Names of employer and employee;
    Date when the employment began;
    Pay;
    Whether pay is weekly, monthly etc;
    Any terms re hours of work, holidays and holiday pay (including overtime)
    Job title or description of job;
    Place(s) of work;
    A person to whom the employee can apply for seeking redress of any grievances relating to his employment can be addressed.

    The Working Time Regulations 1998 give almost every worker the right to four weeks paid holiday per year, or proportionally for part of a year. A full time worker who works 5 days a week will thus be entitled to a minimum of 20 paid days holiday per year.

    New rules being phased in from 1st October 2007 increase the minimum number of days of annual paid holiday for most full time workers to 28 by April 2009, pro rata for part time workers.

    The bit your interested in

    The regulations give a worker the right to his normal weekly pay in respect of holiday entitlement.

    If you did not get a particulars of employment then that is unlawful.

    You should write using recorded delivery requesting 24 days pay as per the 'Working time Regulations'.

    I am assuming you have had 'no' holiday pay.

    Dear

    I request 24 days holiday pay that I am entitled to in accordance with the Working Time Regulations 1998(amended).

    You have 14 days in which to fulfill my request. If at the end of 14 days you have not responded to me positively then I will take further action which could include redress in the small claimsicon court which will incure further payment from you.

    Yours

    If you start the letter Dear Sir, then end it Yours faithfully, if you start it with the name of the person you are sending it to then end it Yours sincerly.

    They seem to have breached a lot of the rules in not informing you of your holiday entitlement, but if you are happy with 24 days pay, then just send what I have said or similar to them.

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  5. #5
    Basic Account Holder sam walters Novitiate

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    Default Re: Unpaid Holiday pay, ADVICE on letter needed PLEASE...

    Hi Connif
    Thank you for your reply very helpful. I have never had any holidayicon pay in the time I have worked for them. I have taken holiday but never got paid whilst I was off.


  6. #6
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    Default Re: Unpaid Holiday pay, ADVICE on letter needed PLEASE...

    Hello sam, it's just a simple letter, but will show them that you have done some research or taken advise and they must adhere to the laws of employment.

    Keep us informed of what they say in response.



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