Employment
Holiday pay claims and advice
Holiday pay disputes are common, particularly where pay varies, overtime is worked, commission is earned, hours are irregular or employment has ended. Employees may not always realise that holiday pay has been calculated incorrectly until arrears have built up over time.
We advise employees on entitlement, calculation, underpayments, unpaid accrued holiday on termination and the best route for recovering sums owed. We also consider whether the issue forms part of a wider pattern of unlawful deductions or breach of contract.
Common holiday pay issues
We can assist with disputes concerning:
- Unpaid holiday pay during employment.
- Accrued but untaken holiday pay when employment ends.
- Incorrect calculation for workers with variable hours or irregular pay.
- Commission, overtime, allowances or shift pay not being reflected properly.
- Holiday entitlement disputes for part-time or zero-hours workers.
- Holiday pay linked to wider wage deduction or status issues.
Calculating what is owed
Holiday pay calculations can be technical. The correct approach depends on your employment status, working pattern, pay structure, the relevant period of employment and the way your employer has recorded annual leave.
We can review payslips, rotas, contracts, holiday records and termination documents to assess whether there has been an underpayment. Where appropriate, we can prepare a schedule setting out the amount claimed and the basis of calculation.
Recovering arrears
The route to recovery may include raising the issue internally, sending correspondence, entering ACAS Early Conciliation or issuing an Employment Tribunal claim. Time limits can be strict, so delay should be avoided.
We will advise you on the merits, value and proportionality of pursuing the claim, as well as any linked claims arising from the same pay practices.