My boss doesn't want to pay for my holiday


I'm working for a company for 5 years.
Full time, permanent contract.
In January I took 10 days of my holiday.
My boss paid for 5 days only.
He said that for every 1 month I can have
2 days of holiday.
He said he will pay rest of the money in May.
He gave me holiday but he doesn't want to pay
for it.
I would like to know your opinion.
Should he pay now?


your employers attitude seems

your employers attitude seems most unusual. What does your contract of employment say about holiday pay and rights?

Richard Paremain

Profile: Personal injury specialist solicitor with Sarginsons Law LLP. I have more than 20 years experience involving both minor injury and cases with injury of the utmost severity. This has ranged from the Zeebrugge Ferry Disaster to a pavement trip for a Mrs Gready.I have a special interest in compensation for the Victims of Crime through the Criminal Injuries scheme. 02476521081

Hi Thanks for your reply. My


Thanks for your reply.

My contract say that I'm entitled to 24 days of holiday. There is no information that I must wait 5 months to take 10 days of holiday, etc.

I'm also entitled to 10 sick days every year. Last year in December I was sick for 3 days. When I came back to work my boss didn't pay me for that 3 days. He said that he will not pay me because he doesn't believe that I was sick.

In November (last year) I ask my boss for family-friendly hours. I must pick up my daughter from school every day at 3.00pm. I work 7.00am-3.00pm. I said that I would like to start at 6.45am and finish at 2.45pm. It's only 15 minutes. But my boss said NO. There are 2 other people which start work at 6.00am. But I can't. I don't know why.

Also my contract say that I should start work at 6.00am. But my boss forced me long time ago to start work at 7.00am. I'm not happy with this but he said that I must start at 7.00am.

My contract say that I should start work at 6.00am but I must start at 7.00am.

Everybody in this company start dinner break 2-3 minutes before and finish 2-3 minutes after. It's 4-6 minutes extra. It's OK for my boss. But when I start my break 2-3 minutes before it's a big problem. I received warning in writing that I can't do this. Other people do this every day and this is not a problem.

Do you think it's discrimination? I'm not English. And this is why he doesn't want to pay me?


The Working Time Regulations

The Working Time Regulations 1998 entitle you to be paid during your statutory holiday entitlement.

You can enforce this by an application to the employment tribunal.

If your contract entitles you to be paid for a certain period during which you are sick then if you are not paid your employer will be in breach of contract.

Normally for the period you have referred to you would provide a self certificate.

Your employer cannot unilaterally vary your contract but if the change in hours happened some time ago you may be deemed to have agreed.This would however depend on the particular circumstances of your case.

At this point you should invoke your employer's grievance procedure to try and seek a resolution that way before taking matters further.

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

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