land worker - no holiday pay

tcem

Hi, just really wondered whether anyone could offer advice. My partner has worked in a gang on the land for 6 years without ever being paid holiday. He works bank holidays etc with no overtime rate. Today he had an argument with his boss about not receiving holiday pay and was told that he would start paying holiday in January next year. My other half then said he had had enough and walked away. Not really sure where he stands and what to do now. We have a mortgage, I only work 25 hours a week and we have a 3 year old. Will he be entitled to any benefits or will he have to wait? Does anyone have any suggestions? Would he be able to make any sort of claim against his employer? any advice would be appreciated.

thanks

McKneff

was he employed legitimately, did he get a payslip, pay ni and tax?

tcem

Hi, yes he did and has payslips.

Barneysmom

He's entitled by law to holiday pay..

Have a look here,
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

McKneff

its the law that he has paid holidays. Does he have a contract.
Ring ACAS

Conor_3

He would have been deemed to have left his employment on reasonable grounds, i.e his employer was breaking the law.

Yes he has a 100% solid claim against his employer for holiday pay for the full time he's been working for him - 6 years plus interest. He can take him to an employment tribuneral.