holiday pay

trish2568

hi oh has taken 2wks holiday and all he has received for holiday pay is 30hrs when every week he works between 45 and 50 hours.can an employer do this?he has no contract but is in a permanent position.

borders_dude

What is his actually contacted hours? He wont get holiday pay for hours he normally works as overtime.

trish2568

he doesn,t have a contract but has been employed with same employer from march this year and has always done between 45 and 50 hours.he has been requesting a contract since march to no avail.his wage always has the same rate irrelevant of how many hours he does so doesn,t seem to receive o/t rate either.

LittleVoice

Did he get an offer letter before he started the job or did they just phone and offer him it that way? If the latter, was he out of work at the time?

It seems 30 hours is low as the equivalent of his contracted working week when he actually works around the limit under WT regs. BTW, has he signed an opt-out for this?

trish2568

he never got an offer letter they offered over the phone and yes he was unemployed at the time

jazzyman01

Couple of issues here, 1. no contract and so he must push for this, appreciate that he has already requested it.
2. Based on the hours that he works, work out his hourly rate. If this is below the statutory minimum he should formally request payment for the difference.
3. Where there is no contract then I would push that the normal working week, based on the evidence to date, is a minimum of xx and as such would expect holiday pay to be in line with that.
Obviously if the employer is not providing contracts and no opt out of the working time directive, it does not sound like an ethical employer and, as such, you may take a risk that they will terminate employment as less than a year's service. However, there would still be a claim for employment tribunal.