Paid leave... .

David333

I hope that this is the right board to put this in. Maybe somebody has some advice anyway... . I work as a waiter full time (five days a week; over 30 hours), and have done for the past 28 weeks. I booked four days holiday which I took last week, Monday to Thursday. I then worked Friday and Saturday. Got my wage slip this week and haven't been paid for my four days holiday, just for Friday and Saturday. Was just wondering where I stand on this... . I assumed that I should have been paid for them ('Working Time Law'?)... . Is this right...? Thanks...!

Fleago

Hi David333

The basic minimum the law gives you is 20 days holiday a year, but this can include public holidays; see here http://www.acas.org.uk/index.aspx?articleid=865#2 Your contract or written statement of employment particulars should outline your holiday entitlement and tell you whether public holidays are included or are an additional entitlement.

After 28 weeks you should have accrued about 10 days holiday and assuming you haven't used them either for public holidays or leave then as far as I can see you should have been paid for the four days off. Challenge your employer on it and if you get no joy contact ACAS; you'll find their details via the link above.

Good luck

Fleago

David333

Thank you... . We don't get public holidays off...! Just work the same as usual... .

I asked them about it today and was told that they don't pay you for days off if you don't ask for it. Is that right...?! I'd asked for - and was given - four days holiday. Anyway, they said that they'd look into it but nothing would be done this week. Supposedly it'll be done next week... .

I'm obviously not particularly happy. Just had another thought. I usually work about ten hours on Friday, ten on Saturday (making up the bulk of my week's work), then about four hours Monday-Thursday. When I had my time off it was during the week. Will they pay me an average days's pay (based on the past twelve weeks, divided by twelve, then by five to find the average weekly pay), or will they say that as I normally do fewer hours on a Monday they'll give me less holiday pay for that day...? I'm normally paid weekly and don't have a set amount of hours each day (usually just 5pm till finish, which may be 10pm, or 11pm or midnight some nights). Thanks again!

Fleago

Hi David333,

I'm not sure about what they will pay you, ie whether it will be average pay or for what you normally work on the days you had as leave.

I think the best thing you could do is ring ACAS (08457 47 47 47) before next week and run your situation by them. They'll be able to tell you exactly what you should be getting and when.

The reason I suggest you phoning ACAS now is that you'll then be well armed to challenge your employer immediately with the right (legal) facts if they don't give you what you're entitled to rather than have to go away and do it then, leading to more delay in your getting what's due to you.

Good luck

Fleago

shelly

I'd definately call ACAS. They were brilliant with me when I got made redundant and told me exactly what I was entitled to so I knew what I should be getting in my redundancy package.

Give them a call, they are excellent.

lil_me

An employer I used to work for we had to put in for holidays, then seperately request being paid for them. Pain in the backside when you don't know.

Savvy_Sue

lil_me wrote:

An employer I used to work for we had to put in for holidays, then seperately request being paid for them. Pain in the backside when you don't know.

I'd have thought something like that should be in your statement of terms and conditions, which you should have had by now.

ACAS website will have some info on that, and on how to work out holiday pay when you don't work the same hours every week.