Unpaid Holiday Pay Claim Letter

A letter claiming unpaid holiday pay from a salon owner, with calculations based on the Working Time Regulations 1998.

Unpaid Holiday Pay Claim Letter

Disclaimer: This is a template - always read the linked guide first. BeautyKiln gives general information, not legal advice.

PRIVATE AND CONFIDENTIAL

From: [YOUR FULL NAME] Address: [YOUR ADDRESS] Date: [DATE]

To: [SALON OWNER'S FULL NAME] Business: [SALON NAME] Address: [SALON ADDRESS]

Sent by: [RECORDED DELIVERY / EMAIL WITH READ RECEIPT]

Dear [SALON OWNER'S NAME],

RE: Claim for Unpaid Holiday Pay

I am writing to make a formal claim for holiday pay that I believe I am legally owed.

Although I have been classified as self-employed at [SALON NAME], I believe that the reality of my working arrangement means I am an employee or worker for the purposes of employment law. As such, I am entitled to paid annual leave under the Working Time Regulations 1998.

My working arrangement:

• Start date at [SALON NAME]: [START DATE]
• Current arrangement: [Chair rent of £X per week / X% commission / describe your arrangement]
• Typical working pattern: [e.g., "5 days per week, approximately X hours per week"]
• Average weekly earnings: £[AMOUNT] (after chair rent / before deductions)

My holiday pay entitlement:

Under the Working Time Regulations 1998, all workers are entitled to 5.6 weeks' paid annual leave per year (28 days for someone working 5 days per week, or pro-rata for part-time workers).

My calculation:

[IF CLAIMING FOR MULTIPLE YEARS:]

I am also claiming holiday pay for previous years. Under the Deduction from Wages (Limitation) Regulations 2014, I can claim back pay for unlawful deductions forming a series, going back to [DATE - up to 2 years in a tribunal claim]. My total claim across all years is:

How daily pay is calculated:

Holiday pay should be calculated based on my average earnings over the last 52 weeks in which I actually worked (the reference period under the Employment Rights Act 1996, as amended). This should include regular commission and overtime, not just basic pay.

My average weekly earnings over the reference period were approximately £[AMOUNT], giving a daily rate of £[WEEKLY / DAYS PER WEEK].

What I am asking for:

I am requesting that you:

1. Pay me £[TOTAL AMOUNT] for the holiday pay I am owed, within 21 days of this letter (by [DATE 21 DAYS FROM NOW])

2. Start providing paid annual leave going forward, in line with the Working Time Regulations 1998

3. Confirm in writing that you will comply with holiday pay obligations from this point on

If we cannot resolve this:

If you do not agree to pay the holiday pay I am owed, I will:

1. Contact ACAS (Advisory, Conciliation and Arbitration Service) to begin early conciliation - this is a mandatory step before making a tribunal claim
2. If conciliation does not resolve the matter, file a claim with the Employment Tribunal for unpaid holiday pay and unlawful deduction from wages

Please note that employment tribunal claims for unpaid holiday must normally be brought within 3 months minus 1 day of the last underpayment. However, where there has been a series of deductions, the time limit runs from the last deduction in the series.

I would prefer to resolve this directly. Please contact me within 21 days to discuss.

Yours sincerely,

[YOUR FULL NAME] [YOUR PHONE NUMBER] [YOUR EMAIL ADDRESS]

Notes for you (delete before sending):

• Before sending this, get free advice from ACAS (0300 123 1100) to check your position
• You'll need to prove you're a worker/employee, not genuinely self-employed - see the employment status guide
• Keep records of your hours worked and earnings for at least the last 52 weeks
• The 52-week reference period skips weeks where you did no work
• If you leave the salon, you can claim holiday pay for untaken leave in your final year
• Employment tribunal claims cost nothing to file (no fees)
• The 3-month time limit is strict - don't wait too long
• ACAS early conciliation pauses the time limit while it's ongoing
• You cannot be sacked for asserting your statutory rights - if you are, that's automatic unfair dismissal