Holiday allowance

[Reona]

There was a posting on this a few years back which clearly stated/explained how there is a holiday earning period and a holiday spending period. That I understand, However my wife is leaving a company after nearly three years and for the 2008/2009 period she has earned 25 holiday days which she has tried to claim in cash - her company however pointed out that when she joined the company, holiday was taken in the first earning period when strictly it should not have been - so they have done a balance over the total employment period and the balance owed comes out at 8 days. Question is whether this is in accordance with the employment legislation - can the company do a balancing act over the whole term of employment or are the years effectively closed when the earning and spending periods have gone? She joined the company as an "old worker" if that is relevant - don't really understand that bit I'm afraid.

Finally there is a phrase in the employment act which states that any contract signed which removes legitimate rights from an employee is null and void. Does challenging a contract on this basis work in practice - and how does the cost/benefit on this sort of case work out . very expensive to follow through - long time period involved etc.

Any help gratefully received!

[raamv]

Do you all have EVERYTHING in writing that the "holiday" taken upfront will not be counted towards any "eligible" holiday allowance?
if not, then the company legally will count that towards the holiday allowance.
Unless you can really prove that it was agreed that you can take "early" holiday without penalty..its going to be an uphill climb..
Its always better to contact the Union in this case to clarify the above..and challenges always goes through Unions..so if you are not part of Union, then its going to be difficult to get legal help ..as you have to pay for it..