Your employer hasn't paid out your holiday entitlement when you left, or refuses to let you take holiday. Know your rights and claim back pay.
UK employees are entitled to a minimum of 5.6 weeks' paid holiday per year (28 days for a 5-day week) under the Working Time Regulations 1998. Your employer must pay you for unused holiday when you leave employment. If they refuse, send a formal demand letter. If ignored, escalate to an Employment Tribunal. You can claim back pay plus compensation for breach of contract. Claims are free at tribunal for first 3 months after employment ends.
Every UK employee is entitled to a minimum of 5.6 weeks' paid annual leave per year. This breaks down as:
Your contract may offer more (e.g., 30 days), but not less. Employers cannot force you to "use it or lose it" — you must be paid for unused holiday when you leave.
Example: You worked 3 years at £40,000/year salary, took 20 days/year holiday, and left with 8 unused days.
Your employer must pay this in your final paycheck. If they fail to, you can claim plus interest.
Step 1: Calculate Entitlement — Determine how many days you're owed. Include unused holiday and any denied holiday requests.
Step 2: Send Formal Demand Letter — Write to your employer's HR/payroll manager requesting payment. Include the calculation and a 10-day deadline. Send by certified mail or email with read receipt.
Step 3: Wait 10 Days — Give the employer time to respond and process payment.
Step 4: Escalate to ACAS (If Not Paid) — Contact ACAS for free early conciliation. They'll mediate between you and employer (usually 4-6 weeks).
Step 5: File at Employment Tribunal (If ACAS Fails) — If ACAS doesn't resolve it, claim at the Employment Tribunal. Claims are free for the first 3 months after employment ends (then £390 fee). Tribunal hearing typically takes 4-6 months.
"Use it or lose it" clauses are illegal under UK law. You must be paid for unused holiday. If your contract contains this, it's unenforceable — you can still claim payment for unused days.
Employers can limit carry-over (e.g., max 5 days into next year) if the contract allows. However, you cannot lose the right to take/be paid for holiday. If you're forced to forfeit because the employer didn't allow time off, you can claim payment.
You have the legal right to take holiday. If your employer refused unreasonably, you can claim compensation. Employers can deny requests on business grounds, but must allow you to take your full entitlement within the year (or pay if impossible).
At a minimum, you're owed payment for unused holiday at your normal wage rate. At tribunal, you can also claim compensation for breach of contract (typically £200-£500) and potentially injury to feelings if the breach caused distress.
Claims must be filed at Employment Tribunal within 3 months of employment ending. After 3 months, you'll need tribunal permission and may face a £390 fee. Act quickly — don't delay in filing your claim.
Calculate your entitlement and send a formal demand letter. FightingBack provides templates and tribunal guidance.
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