Not received holiday pay

[alex2258867]

Hi guys,

 

Wonder if you could shed some light on this matter.

 

My partner worked (quit two weeks ago) for a contract caterer. His working week was Mon-Fri (40 hours) and he worked an additional 12 hour shift at the weekend, for which he would receive time off in lieu.

 

From September 2008 to September 2009, he worked approx 23 additional days (12 hours per day). By our calculations and adding in his stat holiday pay, he should have received just over 13 weeks holiday. He received only 7.5 weeks holiday. A huge difference.

 

My question is, can we demand that they pay him for the hours that he worked? It was impossible for him to actually take any more time off, they never offered to pay him for the additional hours nor was he offered to role the holiday entitlement over.

 

I know it sounds a little complicated, but thought I would ask you guys first before contacting anyone else.

 

Many thanks

[Uncertain]

I think the answer is yes.

 

When you leave the employer has to either let you take any holiday due during the notice period or pay you for untaken holiday after you leave.

 

If it was agreed that extra holiday was accrued rather than overtime being paid then I cannot see how they can refuse.

 

I would write to them clearly setting out what is due and asking for payment to be made. If this fails then send a recorded "letter before action". Finally, if necessary file an ET claim for unlawful deduction of wages. Note that you normally have to file the ET claim within 3 months of leaving so don't delay.