Company avoids holiday pay :(

zyxd58

I work for a company and have for almost 2 years, i started in january last year, I did not take holidays last year nor did I receive any holiday pay for untaken holidays.

Whenever holiday pay is mentioned it is always laughed off by the management and other staff(because its known that the company will try all it can to avoid paying it, i don't know anyone who has received it)

A month ago I e-mailed management on a completely unrelated subject and received a response within 24 hours, yet I e-mailed them regarding a holiday with pay 5 days ago, notice of twice the length of the holiday, 20 days, forwarding it to a friends e-mail address too at the same time

Should they attempt to not pay it can the e-mails be used as proof of an attempt to not pay?

The work is part-time averaging 70-80hours per month

Please help because I dont want to be worrying about it over my holiday

Any

Do you have contract? What does it say in your contract?

Hammyman

Any wrote: »

Do you have contract? What does it say in your contract?

What it says in the contract doesn't alter the fact that the OP is entitled to holiday pay.

Got a feeling this may end up in a tribuneral.

zyxd58

Hammyman wrote: »

What it says in the contract doesn't alter the fact that the OP is entitled to holiday pay.

Got a feeling this may end up in a tribuneral.

Am I entitled to claim last years untaken holidays?

MrsManda

You are entitled to 5.6 weeks holiday a year as a statutory requirement. You MUST take this. It's not a case of getting paid in lieu of holidays, the 5.6 weeks is a statutory requirement for holidays.
For basic information on holidays see HERE.

It sounds like you need to speak to someone like ACAS as you are not getting your statutory rights.

iamana1ias

Hammyman wrote: »

Got a feeling this may end up in a tribuneral.

A what? :rotfl::rotfl::rotfl::rotfl:

It's TRIBUNAL!!!

(Can only assume a tribuneral is a cross between a tribunal and a funeral!)

SarEl

iamana1ias wrote: »

(Can only assume a tribuneral is a cross between a tribunal and a funeral!)

It can be difficult to tell the difference sometimes

MrsBartolozzi

MrsManda wrote: »

You are entitled to 5.6 weeks holiday a year as a statutory requirement. You MUST take this. It's not a case of getting paid in lieu of holidays, the 5.6 weeks is a statutory requirement for holidays.
For basic information on holidays see HERE.

It sounds like you need to speak to someone like ACAS as you are not getting your statutory rights.

Idon't mean to disbelieve you, but I've just received an info sheet about a job I was interviewed for last week. It says: Full time employees are entitled to a maximum of four weeks holiday (part time employees on a pro rata basis).

Is this illegal then? Or are there other things I need to take into account - bank holidays and days the shop will be closed - xmas and new year for example, do they count as holidays even though I have no say in when I take them? Just a bit confused.

thanks.

lozzaman

I think the 5.6 weeks includes the bank holidays etc.
Where I use to work we were encouraged to flex our holidays - the minimum was 16 days, but this went up to 20 days a couple of years ago. This was over and above any public holidays.

LittleVoice

MrsBartolozzi wrote: »

Idon't mean to disbelieve you, but I've just received an info sheet about a job I was interviewed for last week. It says: Full time employees are entitled to a maximum of four weeks holiday (part time employees on a pro rata basis).

Is this illegal then? Or are there other things I need to take into account - bank holidays and days the shop will be closed - xmas and new year for example, do they count as holidays even though I have no say in when I take them? Just a bit confused.

thanks.

For an employee working 5 or more days a week the 5.6 weeks = 28 days a year. It can include bank holidays (normally 8 a calendar year) so 20 days (ie 4 weeks) plus BHs would be acceptable.
For part-time employees, they would still be entitled to 4 weeks plus a payment for bank holidays (the length of the day being their normal day length). Those weeks would be the number of hours/days which constitute their working week.

Because of various problems in relation to bank holidays (including the fact that there may be more or fewer in a holiday year (because Easter is a moveable feast and not all holiday years run from 1 January and people working irregular hours and not working Mondays and so on), it is better to work out holiday entitlement in days or hours.

clb776

I would think it would depend on your contract. If you don't work average hours and are 'flexible' you don't get holiday pay (I know this as my husband is in a situation). They don't have to pay you because they could just not rota you in for that week if they so desire. Some companies now also give you an extra 'hourly' increment which is your holiday pay. You need to check your contract.