You and the Law – 18th May 2009

Holiday pay withheld

My wife left her employment three months ago, at which point she had taken no annual leave. Her employer told her that because she hadn’t taken any holidays they were forfeited. Is this right? RT

No. Your wife was entitled to a payment in lieu of her lost holiday.

If she worked six months of the firm’s leave year, for example, she should be entitled to half her annual holiday pay.

She should use the firm’s grievance procedure to attempt to sort this out.

If necessary she could take her case to an employment tribunal, but this must normally be done within three months.

If it wasn’t “reasonably practical” for her to bring her complaint within this period it may be extended. But otherwise your wife may, at this stage, have to sue her former employer for breach of contract in the County Court. 

Shirking son

A friend stood as guarantor for a £1,000 computer bought by her adult son.

He hasn’t a shred of conscience and has probably sold the computer, and now he’s stopped giving her the £14 a week repayment. Could she take him to court and have the money taken from his benefits to cover the debt? MB

I’m afraid County Court rules prohibit the equivalent of an attachment of earnings order on DWP benefits.

The best a court could offer would probably be an oral examination of the son’s means, at which repayment terms could be agreed.

But if the son failed to pay, the mother would have to apply for authorisation for a bailiff to seize goods.

These measures all cost and I think your friend would probably be throwing good money after bad.

She would probably get further by giving her son a good talking to.

Arranging a family conference may have the desired effect.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Excellent service provided by all members of the team.  Matter dealt with swiftly and I will recommend North Ainley to friends and family.
    Miss S Cookson & Mr T Devaney - Middleton
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley more
    Next Reviews