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ET claim template for non-payment of Holiday Pay whilst you’re employed

This guide provides you with critical information about your right to holidays and holiday pay. This right is determined by your employment contract, subject to the minimum provisions laid down in the Working Time Regulations 1998 (WTR 1998). This resource provides you with guidance on the correct legal claims to make , how to format your claim, a template for writing your claim and direction on the remedies available to you.


Holiday pay is regarded as wages. This means that non-payment of holiday pay can be claimed under the unauthorised deductions from wages regime in the Employment Rights Act 1996. Payments that are factored into holiday pay include commission, overtime, some types of bonuses and allowances, and similar premiums.

This guide provides simplified information on how to frame your claim and what you should ask the tribunal for. It provides templates to help you frame your claim in the right language so that the Employment Tribunal Judge understands your claim.Your employment tribunal claim sets out the legal and factual basis of your claim. If you get it wrong, the Employment Tribunal will throw out your claim. Use this guide to make your claim in the Employment Tribunal where your employer fails to pay your holiday whilst you are still in the job.


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