I'm about to start the Early Conciliation scheme through ACAS. I posted a couple of weeks ago about my boss not paying holiday pay and had some great advice on here, thank you. I met with my boss and then put in writing that I wanted a written response by today . Well, I've not had one. Just a text message saying she's very disappointed with me! Has anyone had any experience of Early Conciliation, or any more advice? Thanks. It's been a stressful few weeks.
I'd say that there's a good chance that ACAS will be able to persuade her to do the right thing.
You will only be able to make a claim if you've taken holiday (unpaid) within the last 3 months. Then you can also claim for previously taken unpaid holidays as a series of unlawful deductions.
The fact that you didn't have a written contract until recently meant that your holiday year ran from the date you started working there. So, if the contract that she recently produced states that the holiday year runs from Jan-Dec, Apr-Mar etc. that will only apply from the date that you received the contract.
Thank you Mariefab, that's really helpful. I've not signed the contract she's given me, as there are so many inaccuracies in it. And it doesn't even mention holidays or holiday pay. I have taken the odd day off in the past 3 months, but I would have taken more but couldn't afford to as I wasn't getting paid. I'm off this week as it happens. I even moved house and only took 1 day off as I couldn't afford to take any more Such a mess and I feel like I'be been very naive, believing I wasn't entitled to holiday pay.
I'd reply "You're disappointed with me? I'm disappointed with you, taking advantage of my ignorance of employment rights for [however long it is] in order to get out of your basic obligations as an employer."