Umbrella Company Not Refunding Holiday Reserve from Previous Years

[chrispall]

My Umbrella Company has stated that they will not refund the money they reserved from my weekly payments from January 1 2014 to December 31 2014, because I never used any holidays. Is this Legal.
The money is all my wages. It seems they are going to keep the money.

Is this correct?


T

[LisaContractorUmbrella]

No, it's not right. Retaining money from salary to later be paid out as holiday is the only way that umbrella companies can comply with the EC Working Time Directives requirement that holiday pay is paid when one is actually on holiday (rather than 'rolled up' as part of salary) but it is your money and should not kept by the umbrella company

[cojak]

Some dodgy umbrellas are always prepared to try it on, but will roll over quite quickly if you stand up to them.

Send them a letter stating what Lisahas said and include the fact that if you don't receive payment by xx/xx/xx you'll start charging them late payment penalties.

Have a look at this. Contractor late payment letters - free templates l debt recovery example and sample letter :: Contractor UK

[TheFaQQer]

Some dodgy umbrellas are always prepared to try it on, but will roll over quite quickly if you stand up to them.

Send them a letter stating what Lisahas said and include the fact that if you don't receive payment by xx/xx/xx you'll start charging them late payment penalties.

Have a look at this. Contractor late payment letters - free templates l debt recovery example and sample letter :: Contractor UK

Can an employee charge interest on a salary payment?

[TheFaQQer]

Can an employee charge interest on a salary payment?

According to this site you could go to an employment tribunal or court, but you need to make the claim within three months of the wages being due.

[cojak]

According to this site you could go to an employment tribunal or court, but you need to make the claim within three months of the wages being due.

Actually for £15, that's the best thing to do anyway.

[LisaContractorUmbrella]

Unless it quite clearly states in the Contract of Employment that any amounts retained for holiday pay will be retained by the umbrella company, in the event that holiday is not taken during a 12 month period then it becomes an unlawful deduction of earnings and the worker would have the right to take the umbrella company to an employment tribunal.

[BrilloPad]

Why not name and shame on here? Might have the desired affect.

Why not move to a better umbrella? LisaContractorUmbrella is highly recommended. Rumour is she will will CUK best umbrella award of 2015 - when the results are published . In 2017......

[TheFaQQer]

Why not name and shame on here? Might have the desired affect.

Why not move to a better umbrella? LisaContractorUmbrella is highly recommended. Rumour is she will will CUK best umbrella award of 2015 - when the results are published . In 2017......

You mean she's stuffed more brown envelopes than Giant this year?

[LisaContractorUmbrella]

You mean she's stuffed more brown envelopes than Giant this year?

Didn't think of that