Tuesday Q&As

10.9.23

• Can my employer refuse to pay my holiday as I am leaving the company?

• Are you entitled to holidays if you are self-employed?

• Can your employer take action against you if you are late for work due to transport issues?

• Grievance was held by the person who I was complaining about. Is that fair?

• Can I ask for voluntary redundancy?

• Getting back unpaid wages

• Instruction to keep in touch whilst off sick

• Maternity and resignation

• Agency work and pregnancy

• Financial support after SSP

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Can my employer refuse to pay my holiday as I am leaving the company?

Q. Hi Tim, I’ve just been told by my management i’m not being paid my entitled holiday as I am leaving the company, even though I am working my notice. Is this correct??

A. You should receive any outstanding contractual accrued holiday pay on termination of your employment, so your employer is wrong! If they fail to pay you, you should contact ACAS with a view to making a very simple employment tribunal claim.

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Are you entitled to holidays if you are self employed?

Q. if you are self employed and give an invoice for your wages are you entitled to holidays?

A. Sadly, no. As a self-employed person, you do not receive any of the benefits workers or employees do, such as statutory sick pay and holiday entitlement. One point to remember is that if you are under significant control by the organisation you are subcontracting your services to, you may be classed as an employee or worker. Check out the Pimlico Plumbers, Addison Lee and Uber drivers. There have been significant developments in this area of law as of late in an attempt to put workers in the gig economy on a level footing with more established working models.

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Can your employer take action against you if you are late for work due to transport issues?

Q. If you had an absence due to transport issues wich were unpaid can work take action against you or is it classed as unpaid leave?