Break in service and seniority

[Edboy]

Only the current leave year entitlement, but 18 months if you were long term sick within that year

I have known 3 people in this exact situation and they all got all their outstanding leave back.
This is RMs fault. Why should the postie suffer because of it.

Will it make a difference how long you had left for?

[clashcityrocker]

I don't think so.
You have to be able to prove that you worked when you said you did.
If it was recent then there will be computer records. If it was a long time ago you will probably need some form of paper proof.

[redlen]

The employer only has to keep past employment records for a period of six years from termination of employment

[Woody Guthrie]

Nothing stopping the employer giving back any past missed entitlement, only there is no legal obligation for them to do so after that leave year has expired

That isn't true.
It is covered under unlawful deduction of wages because it is a contractual obligation.

You can raise a claim within 3 months minus 1 day from the last time the "deduction" was made.

You can seek to recover deductions made over the period of two years before the date you start the claim.

[redlen]

Think you need to reference that statement as employment had been terminated when you leave employment so no contractual entitlement to enforce. Especially if that leave year has already expired. You will need the permission of the court. Statutory obligation as in working time regulations/Employment Rights act is another kettle of fish.

Remember the topic of this thread is after a break in service, not employees still under contract when the breach occurred and still employed

[redlen]

Another thing to consider
Tribunals do not recognise contractual agreement secured under collective bargaining unless explicitly implied that provision in the contract.

s179 Trade Union and Labour Relations (Consolidation) Act 1992 (“TULCRA”).

Also fully aware of Deduction from Wages (Limitation) Regulations 2014 as well as the two year rule with holiday pay.

If the OP cannot prove previous service the only opportunity will be the County Court for breach of contract, Not the Tribunal service. But again, will have to show previous employment with official records