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Holidays not Paid


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My partner started a new job and notice handed in correctly etc,

 

As he worked through out covid, we was under the impressions any holidays left would be carried over due to the temp law, the company never confirmed or deny and even assist with anything during covid just emails to say not in office. 

 

We have worked out on the gov holiday calculator that my partner should get paid 18 days holiday, but they only paid 5.333 days and are not responding to any emails or calls, it is over £1000 in money missing as he works 12 hours shifts, are they correct not to pay him any holidays owed to him before covid? 

 

thanks 

 

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After getting hold of the company, they state they have paid me 8 days (they have not as i work 12 hours shifts) and they paid 64 hours which total 5.333 days, they are now saying as my site was not affected by COVID they do not owe me anything and charged an admin fee of £20 for helping in getting the SIA badge but this have never been told to me! 

 

Site was affected by COVID as the hours I was working was 60 hours a week, but then another site was shut due to covid so my hours and days dropped to 4 on 4 off, and if i work out my holiday entitlement through GOV website it states 1.66 weeks and i work that out as 11 days, they are refusing to assist 

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I assume your holidays run from March to April or something similar. As far as i know your holidays continue to accrue - covid or not, especially since you kept working they have no leg to stand on.

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thanks for help, so ACAS helped as much as they could and ended up doing early conciliation. 

 

So holidays start from 1st April till 31st March, 

My Partner started 9th Feb and finished on 17th July and 0 hour contract. 

 

Before covid was doing 60 hours a week then covid and was 4 on 4 off, but nothing to say this. 

 

We worked out it is 1.66weeks 11.62 in days to be paid from the period, he was paid for 8 days after (at only 8 hours though not 12, but we sorted that bit) 

 

I know it's only 3.62days still owed but its a lot of money to us at the moment. 

 

When acas spoke to them, they said same to us, that my partners site was never affected by covid and that he could have taken holidays at any time and that he was told when he started the holiday periods.  but then covid happened and nothing the office staff were furloughed and emails to the office stated this. 

 

we are not sure if it is worth going to court as ACAS said that as it is over 3 months ago we may not have a case to take, but then it makes you think how many other business are going to get away with this. 

 

 

 

 

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So it sounds like you are after the holiday he accrued between 9th Feb and March 30 which you have worked out to be 3.62.

 

Does the company allow holidays to be carried over to the next holiday year? most companies allow 5 days some don't.

 

If your partners company don't allow carry over and he doesn't use his holiday he looses it.

 

However there is a new rule for covid to carry over holidays over the next 2 years - look that up

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I don't think its worth going to court over - cos he carried on working as stated he could have taken his holidays if he wanted to, in which case they will have to stop him due to staff shortage or other business reasons.

 

https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19#holiday-entitlement

 

And considering the holiday year ending 30th March, most business in the UK were fully operational at that time and lock down was after (i think)

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