Making your employer pay up
I resigned six weeks ago after being employed for almost seven months without a written contract. Despite a verbal agreement, my ex-employer has refused to pay my outstanding holiday pay (in excess of £1,500) and now refuses to acknowledge my correspondence.
What is the easiest and cheapest way to force payment?
James
Regardless of the fact that you did not have a written contract, you did have a contract based on what was verbally agreed between you and your employer. In any event, your employer should have provided you with some written terms. Regardless, if you had accrued holiday at the time of your departure then this should have been paid to you.
The best way of enforcing this would be to bring a breach of contract claim in the employment tribunal. This can be done cheaply, as the process is one that is designed for employees to undertake themselves if necessary. The form that you will be required to complete is an IT1, which will ask for basic details about you and your employer and for details of your complaint.
If you do have any written confirmation of your holiday entitlement, this should be annexed to the IT1, but if not, just describe what you believe to be the case. Your employer must then respond to this within 21 days of receiving it from the employment tribunal, and a date will be set for a hearing.
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