Company avoids holiday pay :(

iamana1ias

clb776 wrote:

. Some companies now also give you an extra 'hourly' increment which is your holiday pay. You need to check your contract.

so called "rolled up" holiday pay is illegal.

ViolaLass

iamana1ias wrote: »

so called "rolled up" holiday pay is illegal.

Out of interest, do you know when it became illegal?

Any

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.

Noone disputes that, but some contracts stipulate that holiday have to be taken in the calendar year and cannot be rolled over.

And that doesn't mean you automatically get them paid... You have to actually take the holidays.

I wanted all the facts before I start making funeral arrangements:rotfl:

Any

ViolaLass wrote: »

Out of interest, do you know when it became illegal?

There were some court cases over the time....
http://www.steenandco.co.uk/rolled-up-holiday-pay-_109/

SarEl

clb776 wrote: »

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.

All employees are entitled by law to holiday pay. If you don't work average hours and are flexible then the holiday pay should be calculated on an hourly basis from the hours that you do work. So your husband may be in this situation - but you don't "know this" because it is wrong

Bobl

I think you are asking two questions:

1. Holiday Pay for Leave taken.
2. Holiday Pay for untaken leave.

You should be paid at the normal rate when you take Holiday .

You are not entitled to Holiday Pay if you do not take your Holiday - use it or lose it.

getmore4less

iamana1ias wrote: »

so called "rolled up" holiday pay is illegal.

the NHS uses it for some workers.

Kate78

getmore4less wrote: »

the NHS uses it for some workers.

Probably only for casual/bank staff though.

liney

Rolled up holiday pay is a grey area because as long as the money is shown transparently on the payslip in addition to the NMW, and the worker is allowed to be absent for the correct time, then there is no argument for a tribunal.

It's certainly not best practice, but not necessarily a hanging offence.

zyxd58

The holiday pay isn't rolled up(not on payslip), its accrued, i'm on two different rates of pay, would holiday pay be at the lowest, most frequent or in the middle?