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26. I'm being made redundant and my employer owes me holiday pay. What can I do?

When you leave a job, you are entitled to be paid for any holiday entitlement that has not been taken.

If you have been given notice pay instead of working out your notice, you do not get any more holiday entitlement during your notice period, as you would have done if you had worked through a notice period.

Holiday pay counts as wages, so, if you are not paid the correct amount of holiday pay, you can make a claim for unauthorised deductions from wages at an Employment Tribunal. An application to an Employment Tribunal must be made within three months beginning with the date the money should have been paid. If you have missed this time limit you may still be able to make a County Court Claim for breach of contract.

If you think you have not been paid the right amount of holiday pay you should write to your ex-employer explaining your situation and asking them to pay the amount you are owed within seven days. This may prompt them into paying without you having to apply to an Employment Tribunal or taking county court action. You should make a photocopy of your letter to keep, and send your letter by Recorded Delivery.

If you need help dealing with your holiday pay, or any other aspect of employment, we recommend that you speak to one of our employment advisers on 08001 225 6653 for specialist advice. Telephone specialist advice is only available if you qualify for legal aid.