My employer refuse to pay for my holiday?

Can my employer refuse to pay me holiday pay?

• I recently left a job, without giving notice to my employer, due to unfortunate personal circumstances, i worked the 3 month period to which i was entitled to a weeks holiday, which i took, and i didn't return on the day i was supposed to, i attempted to contact my employer to explain my reasons for having to leave, but couldn't get in touch with them, so they are currently not very happy with me, and have enquired about my holiday pay, which i have had no response, but i have not been paid a penny, am i still entitled to it as i did not return, and if so, how would i go about getting it?

• Answer:

  All employees are entitled to 5.6 weeks paid holiday per year, which for a 5 day a week employee works out to 28 days per year. This includes bank holidays. So your minimum entitlement is 20 days plus the bank holidays. For part years the entitlement is calculated pro-rata. So for 3 months you would have accrued at least 5 days holiday. However, you are not entitled to take the leave until you have been continuously employed for 13 weeks or more - which is about 3 months. This might be a complication, but it seems that your employer granted you the leave. As there is nothing to prevent an employer being more generous than the statutory minimum they seem to be happy that the final week was to be paid holiday. You did not return to work on the day after your holiday, so your contract was breached on that day. Under statute you are entitled to be paid for all days actually worked, and for any accrued holiday, if you leave employment for any reason. So your employer is bound to pay you up until the day you left, even though some of it was leave. Your only option to get this money would be to bring a wage / holiday pay claim in an Employment Tribunal. Whether you think this is worth the hassle for the relatively low amount involved is up to you, but you have to bring the claim within 3 months so act quickly. Not having a written contract is not a problem - that fact that you were working and being paid shows you have an oral agreement which is just as valid. You should have had a written summary of the key terms of your employment. If you have not had this you can add that you your ET claim. Btw, I am not sure why you could not get in touch with your employer. Assuming they were expecting you to turn up I would have thought they would be more than keen to hear from you.