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"Ben's" story

Supporting a migrant worker who was denied holiday pay

Trying to navigate issues in the workplace can be difficult, but particularly for migrant workers where English might not be their first language. “Ben” contacted our employment advice line after he was dismissed from his job.  He worked full-time, but had never received a contract of employment.

The problem arose when Ben approached his employer about taking time off to attend a family occasion for four weeks in his home country.  According to Ben, this had been agreed between both parties at the beginning of his employment, but his employer disputed this. Ben had worked continuously for a period of nine months, with no leave at all in that time.  However, when he approached his employer about taking the agreed time off, his employer refused and Ben’s employment was terminated.

That is when Ben contacted the Law Centre.  We assisted him with his claim and at Tribunal, he was awarded full entitlement to holiday pay of nearly £1,800 and a further two weeks’ pay of £880 for his employer’s failure to give him terms and conditions of employment.