04 May 2018

A question about : Please Help! Holiday Pay, Overtime and a Tribunal. Employment Law

I don't know where else to ask and we've been asked to provide information by tomorrow!

My husband's union successfully settled out-of-court very recently for a claim regarding the overtime and holiday pay ruling. Having worked at the company six years we found many many wage slips and p60's for supporting documents. I've found out today that the portion he will get back is very low due to a ruling that states if he didn't take holiday within any three month time-frame, anything before that doesn't get taken into account.

The three months in question included two weeks of paternity pay. I just want to double-check that this doesn't come into it at all? The solicitor didn't have this information as they just had holiday days as provided by the company.

Also, assuming this is the case, does anyone know how we would go about going through the small claims court based on breech of contract? It's worth noting that my husband still works for the company in question.

Thank you very much.

Best answers:

  • What is union advising?
  • Contact union office in the morning advising of the unrealistic timescale being applied and are the union aware of this. Ask for a full time official to make contact re this. I suspect a call to the employer from an official will shed some light on the matter.
  • Thank you, I'll advise him to do that first thing. He's out working now and unlikely to be back until late as is the nature of the job. So it really isn't possible for us to discuss it at all. I feel like the solicitors and company(probably more-so the company) have taken their time on it all, then we're expected to make a decision on things in a blind panic!
  • Who is it that is asking you to provide information by tomorrow, and what happens if you don't?
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