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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Only J as you know there was a verbal contract

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only for stuart J
as you know there was a verbal contract starting 4 november ending 6 december, and written contract starting 7 december,
I did not work the days from 22, , till 4 January , I´ve been told these days I did not work the company have to paid it at normal rate.
then the 2 days of the verbal contract 4 november 6 december, should be paid or considered that I enjoyed them those days I did not work fromm 22nd december till 4 january
Submitted: 6 months ago.
Category: UK Property Law
Expert:  Stuart J replied 6 months ago.
Why dint you work for days 22 de to 4 Jan. Why do you think you should b paid for thse? Was it in the contract that you got paid for them?
Customer: replied 6 months ago.
the written contract started 7 december, thenI worked 21 december and the company closed from 22nd december till 4 january, i´ve been told the company have to pay me all those days from 22nd till 4 january, here I had right in the written contract only totwo days of holidays, then i was told the company have to pay me as contract say, contract say from 6 00 till 16 30, and 2 saturdays per month from 7 00 till 13 00, then i was told company have to pay me those days I did not work after 21st december at a rate of 10.70 pounds per hour, 9.75 hours per day, even if i DID NOT WORK, company closed doors for holidays, and due i have right only to two days of holidays in writen contract only in that period are only 2 days of holidays , did they advice me wrongly?
Expert:  Stuart J replied 6 months ago.
The company do not have to pay you for days that you do not work.You are entitled to 5.6 weeks paid holiday per year which accrues as soon as you start your job. The “leave” year starts on 1 October unless there is something specified in the contract differently. Many contracts specify 1 January to 31 December.If you had worked at the company for 2 months at the time of the Christmas break, then you would have been entitled to be paid for 2/12ths of your leave entitlement. I accept that the company was closed, and therefore, working was an impossibility. There is no absolute right to have even Christmas Day and Boxing Day off, they actually come out of the annual holiday entitlement.
Customer: replied 6 months ago.
if I have a work contract starting 7 december, and the company close for holidays from 22nd december till 4 january , they dont have to pay me all those days, even if I am not entitle to holida¿ another solicitor here told me yes.the work contract say the holiday year run from 1st january to 31st december.
can you explain me more? if the company closed for holidays, I believe they should paid me from 22nd to 4 of january ,dont they¿ thanks for your time . JUST I GIVE YOU NOW THE DETAIL OF THE TIME FOR HOLIDAY
Expert:  Stuart J replied 6 months ago.
Can you send me a link please to the other question dealt with by the other expert because I would like to see the full thread?Ultimately, you cannot beat them with a stick if they simply will not pay you, and you have no option but to take them to court or the tribunal.
Customer: replied 6 months ago.
no, i dont want give you the link for the moment, but if the company close for holidays from 22nd december till 4 december, i HAVE A WORK CONTRACT STARTING 7 DECEMBER AND i DONT HAVE ENOUGH HOLIDAYS, JUST 2 OR 4 DAYS, they dont have to pay me all those working days?
Customer: replied 6 months ago.
the other solicitor say, those days I did not work should be treated as holidays, but I started working 7 december, then I accumulated only 2 days of holidays, then he say they can´t leave me with no pay , that those days the company closed because holidays should be paid to me even if I dont have accumulated holidays
you need to check the contract - if it says that you have to take these days as holidays then you will have to take the from your holiday allowance and be paid for them normally, if it does not say that then you should be paid as normal without losing your holiday allowance.
Expert:  Stuart J replied 6 months ago.
Thank you.I disagree if what you have been told is that you have to take these as holidays but you get paid for them even if you don’t have any accrued holidays.If you did take them and got paid, you would lose them out of further holidays in the future so the effect is that whilst you might get paid for these days, you would lose future holidays. You can’t simply not work these days and get paid plus have holidays in the future.Do remember, that ultimately, regardless of what we say on here, if the employer will not pay you for these days, or any other days or at the rate you claim, you are going to have to take them to the tribunal or to court. You cannot beat them with a stick until they pay up!I’m going to opt out of this question.Kind regards
Customer: replied 6 months ago.
but stuart, the holidays must be enjoyed between 1st january and 31st january, if not they cant be enjoyed, i started working 4 november, then maximum 4 days holidays.2. i was dismissal 26 of january, then if I dont have right to holidays because the period of holiday end the 31st of January, and the company close doors due during christmas holidasy builders doesnt work and we can´t deliver to builders, and say this time are holiday, THEN I HAVE NOT TO BE PAID? I BELIVE BY LOGICE THAT IS NOT LAW, I know they company should pay me, if they close their door due there is not business it is not my problem, PLEASE RECONSIDER AND ANSWER, THANKS

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