For advice on holiday pay issues call our Employment Solicitors on 0330 606 9589 or request a call back, and we will help you.
The entitlement to holiday pay is a statutory right under the Working Time Regulations 1998. This law gives full time workers 28 paid days annual leave per annum.
If your employer has failed to pay your holiday pay, deducted your wages after you have taken annual leave, or refused to allow you to take paid leave, then come and speak to one of our holiday pay solicitors. You will find we offer all our clients a down to earth, practical approach to resolving their holiday pay claim, and work hard to preserve the existing relationship between employers and employees.
Is There a Statutory Right to Take Bank Holidays Off ?
You do not have a statutory right to take bank or public holidays off work, with or without pay. This will depends on your employment contract.
Your employment contact may say that you have the right to statutory holidays or it may not say anything about contractual holidays or statutory holidays. In these cases, your employer can:
- ask you to work bank or public holidays, or
- give you bank and public holidays off without paying you for them. In this case, you won't lose your right to take your full statutory holiday allowance of 28 days at some other point, or
- give you bank and public holidays off and pay you for them but ask you to count them towards your statutory holiday entitlement, or
- do a combination of all of these.
Is Overtime Included in Holiday Pay Calculations?
Yes. In November 2014, the Employment Appeal Tribunal ruled that overtime must be calculated into holiday pay rates.
What Remedies are Available to me if I Bring a Holiday Pay Claim
There are three types of situations where an employee can bring a claim under the Working Time Regulations 1998. They are:
- your employer breached your rights under the Regulations
- you have suffered a detriment
- you have been dismissed
In each situation a worker has a right to compensation.
Our holiday pay solicitors have successfully litigated in many Employment Tribunal cases involving holiday pay disputes. We also have vast expertise in facilitating Alternative Dispute Resolution procedures, allowing our clients to settle holiday pay disputes without the cost and stress going to court invariably brings.
To make an appointment with one of our holiday pay lawyers, simply request a call back or phone us on 0330 606 9589
All Employment Solicitors at Co-operative Legal Services are members of the Employment Lawyers Association and the Industrial Law Society.
Call us on 0330 606 9589
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