Circumstances can arise where an organisation fails to provide paid annual leave, for example, where you are misconstrued as “self-employed” instead of being recognised as a “worker” or “employee”.
Alternatively, you might receive holiday pay, but it falls short of what you are entitled to. We can help with all holiday pay advice matters.
Under the Working Time Regulations 1998, workers and employees are entitled to paid annual leave.
Furthermore, any holiday pay you receive from an employer, should be based on what you normally earn, which means the calculation of it must include any commissions and overtime you usually earn. If you haven’t received your “normal” pay for a period of annual leave, you may be able to claim back the difference.
If you believe your employer owes you holiday or holiday pay, we can support you in your claim. Our solicitors have years of experience handling holiday pay claims across a range of industries, making us well placed to assist you with your dispute.
For more information about your holiday pay dispute and how we can help you, please contact a friendly member of our team.
Under the Working Time Regulations 1998, you are entitled to 5.6 weeks’ apaid annual leave each year. This can include bank holidays.
Your contract of employment might stipulate greater holiday entitlement, but mustn’t afford less than the statutory minimum.
A failure to provide the appropriate holiday entitlement and pay can give rise to claims under the Working Time Regulations 1998 and Employment Rights Act 1996.
Underpayments of holiday pay can be classed as “unauthorised deductions from wages”. Such claims can be pursued in an employment tribunal. They must be lodged within 3 months (less one day) of the date of the underpayment, or last underpayment in a series.
Deduction from wages claims can go back as far as two years from the date the claim is submitted. This can amount to a reasonable sum if you haven’t been paid holiday at all or you’ve been underpaid for that whole period.
However, it is important to note that if there is a gap of more than three months in any series of deductions, you will lose the right to make a claim for any earlier deductions.
We therefore advise that you act as quickly as possible if you believe holiday has been underpaid or if you haven’t had any holiday pay at all and believe you are entitled to it.
Employers can also try to avoid liability for underpaid holiday by paying the correct holiday pay, without deduction, for your most recent holidays. This “breaks the chain” of underpayments and can create time limit problems.
For straightforward, clear advice on how to proceed with your ‘deduction from wages’ claim, please contact a member of our employment team today.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
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The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022
Clear and honest communication and available to speak with when required. A very professional service.
Employment Rights Client, January 2022
Morrish Solicitors service was excellent. The level of professionalism was exemplary. I would recommend the firm to everyone, due to the standard of service I received. A job well done and thanks so much for helping me through a difficult period and obtaining the best possible outcome.
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