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Backdated holiday pay and monthly pay

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Hi all


I have been employed for 3 years, initially paid weekly then moved to monthly pay after the first year. I was some weeks paid by cheque, and sometimes BACS. Since the last 14 months or so it's solely by BACS. I am paid one month in arrears. On the first week of every month I'm paid for not the month just passed, but the previous. When I moved from weekly to monthly pay I went 2 months with no money.


I am entitled to 29 days holiday per annum, including 9 stat days. As I am the sole person employed in the retail side of this business apart from two part time seasonal staff in the summer, it was difficult to get time off to use all these, so after verbal agreement with my employer, unused day were carried over. We kept a record of this, and it ended up there were unused days every year, amounting to aver 25 days.


However. I have just handed in my weeks notice to end my employment, and my employer had stated:

He will not pay my rolled over holidays as there is no proof they would roll them over but will compromise on 8 days.

Also, they will not pay my months wages in arrears, as there is no proof I am paid one month in arrears. They say when I am paid in the first week of the month, it's for the month immediately past. However he has no records of this as the wages keeping records is poor. Sage software was used at the time which he has no access to now. The only record which he has, which I have seen is a badly recorded profit and loss spreadsheet.


If I can't prove I worked a full month in arrears, or prove there was an agreement to rollover my holidays, where do I stand?



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If you was paid by cheque or BACS would you be able to show on your bank statements that for 2 months you had no payments?


The trouble is, I went from weekly to monthly pay in 2012 and i'm struggling to find records going back that far.

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SAR your bank, cost you £10


Keep the paperwork that comes, it may come in handy for other things down the line.


Internet Banking? May allow u to print off older statements








The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yes, you will have records of the time you took as annual leave so there will be a discrepancy with the time off and statutory leave entitlement. Your boss is relying on it being all on verbal s but show soem corroborating evidence and he will change his tune.

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