Paid Holiday Entitlement?

Karen66

I am just wondering if my daughter who is about to turn 20 entitled to any holiday pay.

She started working in September 07 for a small pub as a waitress just for around 4 hours on a sunday lunchtime. However as soon as she turned 18 she then went on to do a couple of shifts working behind the bar to help out financially whilst being at college. At least she has worked 12 hours per week since July 2008 but more often than not she has worked 18 hours per week.

She's never had holiday pay, she has no contract nor does any of the other youngsters that work there.

I read another thread on here about holidays etc which prompted me be curious of what my daughters and these other youngsters entitlement is if of course anything.

Newbiesw

Hello Karen,

Yes, any-one paid under PAYE is entitled to holiday pay whether they are full-time, part-time and as soon as they are old enough to work.
A contract with her employer does not come into it as it is a Statutory entitlement.
You start to accrue holidays on your very first day.

The current entitlement is 28 days for a 5 day week or pro-rata.
You will accrue 1 days holiday after every 8.28 days worked.

Newbiesw

Karen66

Thanks Newbiesw,

Not sure what to do now as my daughter has just finished her college course and whilst looking for a job relating to her course she is scared to rock the boat, so to speak with her employers in case they finish her as she really does need the income.

Sorry to be a pest but do you have any advice on how to approach her employers or what to do next please?

haveibeendone

Is she being paid properly, that is PAYE, or is it an unofficial arrangement. If PAYE then as newbiesw said she is entitled to holiday pay from day 1. However I think that previous years holiday will be lost as they cannot be carried over. The holiday year will either be stipulated in a contract of employment or the aniversary of her start date. Ask for the contract of employmnt if properly employed.

Roughly take 12% of her current years earnings to work out the amount to be paid. Try this site

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/index.htm

I think she should just ask. If the employer is reputable they will have no hesitation of paying and I would assume they would expect to pay. They may even make a voluntary payment for previous years. Asking for your rights is nothing to be ashamed of.

Newbiesw

Karen66 wrote: »

Thanks Newbiesw,

Not sure what to do now as my daughter has just finished her college course and whilst looking for a job relating to her course she is scared to rock the boat, so to speak with her employers in case they finish her as she really does need the income.

Sorry to be a pest but do you have any advice on how to approach her employers or what to do next please?

Hello Karen,
It may be likely that some employers hope there are more like your daughter who are too scared to rock the boat and go away without claiming.
It is possible her employer is aware of holiday pay but hasn't broadcast it (to save costs) but will grudgingly pay it on request (although it should be paid as a right, not on request). I would therefore assume this and take the polite, civilised route (drop him a letter/email if you feel uncomfortable facing him) and see what the outcome is.
If the "gates go up", then I would take the gloves off and remind him that as a statutory right, if it is not paid, you will be taking it further legally, reminding him that employers are obliged to inform employees of their rights and although as an employer, he is not obliged to carry holidays forward, you will be claiming for previous years holidays as you were not informed of your rights (in for a penny, in for a pound?), if your daughter wasn't intending returning there, what has she got to lose?
Holiday pay for casuals/temps is not new, it has now been around for over 10 years, there is no reason why any employer should not know about it by now.

Newbiesw