Holiday pay can be a highly complex area of employment law – and in some cases, underpayment of holiday pay may have taken place over a number of years.
Issues with holiday pay might involve not being paid for holiday accrued, deductions from wages if holiday leave is taken or an employee takes maternity, paternity or adoption leave – or an employer refusing to honour holiday pay for another reason.
Full-time workers are entitled to 28 days’ annual leave as a statutory right under the Working Time Regulations 1998. Since November 2014, overtime also has to be factored into holiday pay.
There may be holiday pay disputes involving contractual holidays or statutory holidays, such as a Bank Holiday, for example. In some cases, employees may also wish to take annual leave to coincide with religious festivals or holidays.
It is also possible that an employee might have to take time off from work at short notice for family illness or childcare and not be able to take this as annual leave with holiday pay.
Holidays are usually rostered into a work schedule in advance so that an employer has notice and can arrange cover. Holidays taken at short notice or not agreed may cause an issue with some employers, however – who might refuse to honour holiday entitlements if they feel they have not been given notice of an employee’s annual leave.
Duncan Lewis employment law solicitors can advise employees on any issues relating to non-payment of holiday or deductions made from wages when annual leave was taken or maternity/paternity/adoption leave was taken.
Breaches of the Working Time Regulations 1998 can mean an employee is able to make a claim for compensation against an employer who has refused to pay holiday pay – or has made deductions from wages for periods when an employee was entitled to leave.
If a dispute over holiday pay cannot be settled with an employer, it is possible to take a case to an Employment Tribunal.
Duncan Lewis employment law solicitors can also advise part-time workers, contractors and freelance workers on their rights to holiday pay – in some cases, contractors or freelancers may be considered employees and entitled to holiday pay as such.
Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters.
The Duncan Lewis employment team can represent all types of employers, both large and small – as well as advising individual employees and collective employees on matters relating to the Employment Rights Act 1996, the Working Time Directive 1998 and holiday pay claims.
Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options for claimants and respondents:
Some cases may be funded with Home Contents Insurance or Contents/Buildings Insurance with Employment Protection Cover.
Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.
If you have a problem with employment involving holiday pay, it is important to take legal advice and find out what your rights are as soon as possible.
There is a deadline for claiming wages at an Employment Tribunal and claims have to be made within three months minus one day from the date the deduction occurred – or from the last deduction if a series of deductions occurred.
Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter.
Duncan Lewis also has a successful track record in advising companies and employers on employment matters and disputes, including defending holiday pay claims.
The sooner you call us, the sooner we can help with an employment claim or dispute over holiday pay.
Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.
For expert legal advice on employment law and holiday pay, call Duncan Lewis employment solicitors on 020 7923 4020.