Holiday Pay

Certa Cito

Hello,

I’d like some advice if possible. I have worked for my employer for the last 4 years with no formal employment contract (despite our constant requests for a contract). Each year, I’ve had holiday left over; so I’ve carried over 5 days (as is my entitlement) and been paid for balance of days left over. I have email and pay records showing that I’ve been entitled to holiday pay in lieu for the last few years.
This year however, my employer is telling me now that I’m not entitled to holiday pay in lieu. I’ve only been told now though in 2009, and had no prior notice to that effect. I was due 18 days holiday (5 of which should have been carried over), and had I known that we weren’t entitled to the pay in lieu, then I would have taken that leave throughout 2008.

Can my employer retrospectively change the “terms” of my employment like this without consultation with me?

Tom Young

www.citizensinformation.ie