can i take my holiday pay and still keep on working?

paddedjohn

Daxx wrote: »

Why would any company agree to pay you for 52 weeks that you work and then holiday entitlement on top. They would basically be paying you an extra months wage.

Although i'm sure if you chose to surrender your holiday days and just continue to work as normal the company would be ok with that but would also see that as surrendering you right to holiday pay.

Because they would have worked an extra month. Although i have recently found out that its illegal for them to pay for unused holidays.
Payment in lieu for holiday or 'buying out'

You are not allowed to exchange any untaken statutory holiday entitlement for pay. You must take all of your statutory holiday entitlement each year

mitch161

employment use to be based on you work these many hours you get paid this amount of time.

UK LAW made it so that you can have a break from work without being financially affected. (now 28days).

there is no law that says you can take the holiday pay and then work that time off as extra/overtime.

most companies have been known to say. we pay you for 52 weeks, you only have to be here for 47 weeks. if you want to come in you can. but its voluntary.

speak to your boss. there is no law, or no specific quote that can force anything. its based purely between you and your employer. your not entitled to overtime automatically. only your employer can answer this. and as your employer is the one that you have to ask to turn up while on holiday anyways, you might aswell ask if you can get paid for it.

paddedjohn

mitch161 wrote: »

employment use to be based on you work these many hours you get paid this amount of time.

Uk law made it so that you can have a break from work without being financially affected. (now 28days).

There is no law that says you can take the holiday pay and then work that time off as extra/overtime.

Most companies have been known to say. We pay you for 52 weeks, you only have to be here for 47 weeks. If you want to come in you can. But its voluntary.

Speak to your boss. There is no law, or no specific quote that can force anything. Its based purely between you and your employer. Your not entitled to overtime automatically. Only your employer can answer this. And as your employer is the one that you have to ask to turn up while on holiday anyways, you might aswell ask if you can get paid for it.

the last paragraph in my post above is from the gov.uk website. You cant be paid for any leave not taken.

mitch161

Googlewhacker wrote: »

It is a rubbish law because some employees would rather not work, I have a couple that work for me and I have to make them days of because they just woudn't take the holiday.

I would rather just pay them when we are busy and them work but it is there to stop employers forcing their employees not to take holiday.

they are paid for 52 weeks... A FULL YEAR if they dont want to sit at home or relax on a beach for the 28 days they are entitled to then they can ofcourse come in and work. but there is no law that says that it should be treated as overtime.

paid holidays are suppose to be treated as a legal privilige. if they want to take the time off to relax and keep a healthy mind and body, instead of working 52 weeks. then they can. but forcing an employer to pay them overtime for it. would put employer in soo much trouble with H&S campaigners and other organisations.

again holiday pay was awarded so that employees can have a break for health and safety reasons, to have a "healthy employee=more productive employee" blah.

its not meant to be used as a way to earn more money.

but if your an employer that is willing to pay an employee extra for working their holiday. then kudo's go to you. but i do not believe there will ever be a law to allow forcing an employer to pay extra.

OP just talk to your employer, tell him what benefit you can make the company by you volunteering to work your time off and see if he willing to pay you a thank you bonus, of sorts. or overtime.. but yes theres no laws in your favour. its a goodwill thing.

another idea is if you dont have anywhere planned for a whole week/fornight/month off. how about ask manager to do more work monday-thursday and then for 7 months claim the friday's as a holiday thus having a long weekend.

some people dont like taking weeks off.. but long weekends can help you relax, get more social activities done etc. just a thought

Googlewhacker

I meant rather work than 'not work'

getmore4less

There is a way round this for a lot of employers/employees because the holidays in days are capped at a 5 day week.

Put your employees on a 6 day week contracted 1/2 day Sat that they take off as holiday that way you can pay them their holiday pay and they can still work the full year.

The holiday legislation is a mess because he rules don't work for different types of employees/workers, 5+ day salaried are short changed on holidays unless they get more or can have a week off using 5 days.

In fact it is really hard to come up with a system that works for all types of worker/employee where the have to take time off to meet the H&S goals.

For a salaried worker with no paid overtime it is a lot easier to just allocate if not taken and let them work, if they want more money give them a pay rise/bonus.

But this can backfire when they get the rise and then become holiday people, seen this in IT when the geek(MorF) gets a partner.

Hourly paid I think the contract hours should be dropped it's abused too much by employers.

Make it on all hours worked 12.07%(for stat), paid when taken which can work ok for fairly regular hours, rolled up can work but care(rules) needs to be taken to stop people workng to much.

Even these fall short of covering a lot of cases.

paddedjohn

getmore4less wrote: »

there is a way round this for a lot of employers/employees because the holidays in days are capped at a 5 day week.

Put your employees on a 6 day week contracted 1/2 day sat that they take off as holiday that way you can pay them their holiday pay and they can still work the full year.

The holiday legislation is a mess because he rules don't work for different types of employees/workers, 5+ day salaried are short changed on holidays unless they get more or can have a week off using 5 days.

In fact it is really hard to come up with a system that works for all types of worker/employee where the have to take time off to meet the h&s goals.

For a salaried worker with no paid overtime it is a lot easier to just allocate if not taken and let them work, if they want more money give them a pay rise/bonus.

But this can backfire when they get the rise and then become holiday people, seen this in it when the geek(morf) gets a partner.

Hourly paid i think the contract hours should be dropped it's abused too much by employers.

Make it on all hours worked 12.07%(for stat), paid when taken which can work ok for fairly regular hours, rolled up can work but care(rules) needs to be taken to stop people workng to much.

Even these fall short of covering a lot of cases.

even if you work a six day week you are still entitled to 5.6 weeks holiday per year.

patman99

There is nothing stopping the op from taking a month off, then getting a months work at an agency if they happen to be short of cash.

getmore4less

paddedjohn wrote: »

even if you work a six day week you are still entitled to 5.6 weeks holiday per year.

But that 5.6 weeks can be capped at 28 days for stat holidays.

Another anomaly in the WTD that allows a full 6/48 day/hour week.

Not everwhere show this
eg businiess link does

Staff working a six-day weekThe statutory paid holiday entitlement is capped at 28 days. So, although 5.6 weeks would equate to 33.6 days for someone working a six-day week (5.6 x 6), staff working a six-day week are only entitled to 28 days' paid holiday.