no paid holidays..help

wen-tom

Hi,
I work 12 hours a week in a shop.
I have no contract and am told that I get no paid holidays and no sick pay.
I am fine about the sick pay - I wouldnt expect it.

My question is regarding the holiday pay. If it's not paid - does my employer have any right to tell me when I can take it?

Thanks in advance

DCFC79

You are entitled to holiday pay, its a right, regarding when you can take it i think its down to the needs of the business,

clarkey3262

You do get paid holidays, that is a basic legal right.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

wen-tom

i know i should be entitled to it but I dont get it :mad: I'm not planning on staying there for much longer so I can't be bothered to challenge it. The other staff obviously dont!

I am still however told when i can and can't take time off which I find very annoying considering I am not paid for it!

Googlewhacker

wen-tom wrote: »

i know i should be entitled to it but I dont get it :mad: I'm not planning on staying there for much longer so I can't be bothered to challenge it. The other staff obviously dont!

I am still however told when i can and can't take time off which I find very annoying considering I am not paid for it!

they should be paying you for it but they can dictate when you take holiday as long as they give you at least twice the notice of the time required off. Ie 2 days notice for one day off.

paddedjohn

if you work 12 hrs a week you are entitled to 67.2 hours per year paid leave, are any of your hours on a monday and do you get any paid time off on bank holidays?

wen-tom

paddedjohn wrote: »

if you work 12 hrs a week you are entitled to 67.2 hours per year paid leave, are any of your hours on a monday and do you get any paid time off on bank holidays?

i work 4 hours on monday. The shop is open most bank holidays so i would be working. I don't get extra pay.

paddedjohn

wen-tom wrote: »

i work 4 hours on monday. The shop is open most bank holidays so i would be working. I don't get extra pay.

in that case you are getting ripped off and the company are acting illegally, they are required by law to enable you to have paid leave.

SurreyBear

wen-tom wrote: »

i know i should be entitled to it but I dont get it :mad: I'm not planning on staying there for much longer so I can't be bothered to challenge it. The other staff obviously dont!


I'm sorry but I just don't understand that. When I worked in SPAR as a student I realised they were "just" on the right side of legal when it came to work breaks - you didn't get any breaks for shifts under six hours. They didn't pay overtime either for bank holidays. I was the only one to raise this with senior management in the parent company which resulted in change and better working conditions. And re-training for the store manager. And that was just a student job - but something I really needed to keep me from bankrupcy (really).

Not surprising things don't change if things don't get challenged. And sometimes it is just a case of making people aware of it - especially small businesses who may not be aware of changes in the law etc.

getmore4less

wen-tom wrote: »

i know i should be entitled to it but I dont get it :mad: I'm not planning on staying there for much longer so I can't be bothered to challenge it. The other staff obviously dont!

I am still however told when i can and can't take time off which I find very annoying considering I am not paid for it!

You could tell them when you want to work.

If you plan to leave just let the holidays roll up and put a claim for them in with your resignations. Follow up with an ET if they don't pay

SandP_2

As previous posters have said you have a legal right to a minimum amount of paid annual leave. When you leave you are entitled to receive payment for any outstanding holidays.

In addition to this it is the employer's responsibility to ensure that you take the legal minimum holiday entitlement. They can't pass the buck back on to you and simply state that you should have taken holiday - it's part of their 'duty of care' to the employee.

If your employer claims that your hourly rate includes a proportion in lieu of holidays then this is termed 'rolled up pay'. Rolled up pay has been deemed illegal and they cannot therefore rely on it as a defence.