no paid holidays..help

Hammyman

paddedjohn wrote: »

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.

There is no legal right to a bank holiday off on pay nor is there any legal right to enhanced pay for working a bank holiday.

Some firms pay it in addition to statutory annual leave, some pay it but deduct it from the 5.6 weeks pro-rata entitlement.

The OP is legally entitled to holiday pay as previously described and to be honest wen-tom, not challenging it just means they get away with it, the people staying suffer and so do any future employees.

paddedjohn

Hammyman wrote: »

There is no legal right to a bank holiday off on pay nor is there any legal right to enhanced pay for working a bank holiday.

Some firms pay it in addition to statutory annual leave, some pay it but deduct it from the 5.6 weeks pro-rata entitlement.

The OP is legally entitled to holiday pay as previously described and to be honest wen-tom, not challenging it just means they get away with it, the people staying suffer and so do any future employees.

Nowhere in my posts have i said any thing about being entitled to enhanced pay for working on Bank Holidays. I was saying the company was acting illegally by not allowing any holidays.
If your shift falls on a bank holiday and the workplace is closed then you are entitled to holiday pay for that day, you are not automatically entitled to expect the day off if its a normal working day for your company.

ceridwen

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!

Maybe the best way forward on this then is for you to book the amount of holiday time off that you are owed (by law) and take it. If you find that money has been deducted from your salary because of this - then put in a claim for "unauthorised deductions" from salary.

Check the time limit applicable for bringing this claim - if you decide to bring it AFTER you have left the job, rather than whilst you still have it. There is bound to BE a time limit - the question is how long it will be.

I would hazard a guess that the time limit would probably be something like 3 months????? (hopefully someone will come along who knows...)

So - say you are due for 4 weeks holiday - then:

1. arrange to take that 4 weeks during your last 3 months (?) in the job and duly take it.

2. wait and see if an "unauthorised deduction" is made from your pay for having taken that holiday

3. if they do try not to pay you for your holiday - then bring the claim against them at that point for the "unauthorised deduction".

How long have you worked there for?

Roughly when are you planning to leave?

Bearing in mind the 4 weeks + Bank Holidays (or days in lieu of) paid holiday per year you are entitled to - then how much holiday are you owed?

Evilbadger

It may be the case that your pay includes a "rolled up" element of holiday pay. Certainly I work casually for a pub and my hourly rate includes this element, which means that any days I take off aren't paid - because I've already been paid for it!

paddedjohn

evilbadger wrote: »

it may be the case that your pay includes a "rolled up" element of holiday pay. Certainly i work casually for a pub and my hourly rate includes this element, which means that any days i take off aren't paid - because i've already been paid for it!

rolled up pay is now illegal, you have to have the chance to take your leave it can not be bought off you.

Blitz01

paddedjohn wrote: »

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.

No they aren't ripping them off with this.
If the person works a Monday normally, and it falls on a Bank Holiday, there is no obligation to pay an enhanced rate.

Where are you getting your (incorrect) information from? A Christmas Cracker?

paddedjohn

blitz01 wrote: »

no they aren't ripping them off with this.
If the person works a monday normally, and it falls on a bank holiday, there is no obligation to pay an enhanced rate.

Where are you getting your (incorrect) information from? A christmas cracker?

read my post properly and you will see that i asked the op if they had bankholidays off with pay, this was to see if they had any holidays up till now. read posts #6 and then #8

getmore4less

paddedjohn wrote: »

rolled up pay is now illegal, you have to have the chance to take your leave it can not be bought off you.

Places use PAYG holidays to keep it simple including the NHS for some workers.

Not a good idea for any workers that tend to work every week

As long as there are periods when holiday could have been taken paying in advance(rolled up) is not that much of a problem.

The requirement is that holiday pay is itemised seperately on the pay slip.

Evilbadger

paddedjohn wrote: »

rolled up pay is now illegal, you have to have the chance to take your leave it can not be bought off you.

It's not illegal for workers if it's clarified in advance that this is part of your pay. (Edited to add: as the poster above me indicates, it's shown seperately on your payslip).

paddedjohn

Casual or irregular working patterns

If you work casually or irregular hours it may well be easiest to calculate the holiday entitlement that accrues (accumulates) as hours are worked. The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of the hours you worked. The 12.07 per cent figure is:
5.6 weeks' holiday, divided by 46.4 weeks (being 52 weeks - 5.6 weeks) multiplied by 100 = 12.07 per cent
The 5.6 weeks have to be excluded from the calculation as you would not be present during the 5.6 weeks in order to accrue annual leave. For example, if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:
12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes
The holiday entitlement is just over seven minutes for each hour
Rolled-up holiday pay

Holiday pay should be paid for the time when you actually take your holiday. Your employer cannot include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay'). If your current contract still includes rolled-up pay, you and your employer should renegotiate it.


DOES THE ABOVE NOT COUNT FOR CASUAL WORKERS?