Company avoids holiday pay :(

Any

WHAT DOES YOUR CONTRACT SAY ABOUT HOLIDAY?
Do you actually have contract of employement?

Why do you think they should pay you for holidays you have not taken?
Holiday are there to take - are you getting paid for the days when you are on holiday?

zyxd58

Any wrote: »

WHAT DOES YOUR CONTRACT SAY ABOUT HOLIDAY?
Do you actually have contract of employement?

Why do you think they should pay you for holidays you have not taken?
Holiday are there to take - are you getting paid for the days when you are on holiday?

I don't have a contract, I dont know thats what i'm trying to find out, Ib dont know I havent been on holiday or had a payday in the future yet...

Any

zyxd58 wrote: »

I don't have a contract, I dont know thats what i'm trying to find out, Ib dont know I havent been on holiday or had a payday in the future yet...

Well, firstly you need a contract. They are legaly obliged to give you one.

Secondly as you don't have contract everything must be calculated as per the minimum employment requirements - ie the 5.6 weeks holidays per annum (including bank holidays) for FULL TIME position. If you are not in full time position you need to pro rata this.

Usually holiday must be taken during the year, either you take it or loose it. Unless special circumstances such as you are too busy to take them and your employer specificaly doesn't let you take them - then they would pay it or roll over to next year.

So if you do take holidays - you should get paid your normal wage.
If you don't - they don't have to pay you them in monetary terms.

Any

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945

patman99

If your employers fail to give you a contract within a certain time-frame (I think it is 4 weeks, but could be wrong), then you are deemed to be covered by a statutory contract.

Uncertain

patman99 wrote: »

If your employers fail to give you a contract within a certain time-frame (I think it is 4 weeks, but could be wrong), then you are deemed to be covered by a statutory contract.

No, not really!

A contract is made by agreeing to start work and getting paid, whether it is written down or not. The terms are those that are agreed (obviously easier to prove if written). The cannot restrict your rights below the statutory minimum.

The employer is legally required to provide a written statement of particulars within eight weeks of starting. If they fail to do so you might be awarded some compensation for this if you have some other valid claim to take to an employment tribunal. You can no longer go to a tribunal on this point alone.

LittleVoice

Uncertain wrote: »

. . . .The employer is legally required to provide a written statement of particulars within eight weeks of starting. If they fail to do so you might be awarded some compensation for this if you have some other valid claim to take to an employment tribunal. You can no longer go to a tribunal on this point alone.

If you do have other reasons to go to an ET, note that the Employment Rights Act stipulates that the initial written particulars of employment "shall be given not later than two months after the beginning of the employment".