no paid holidays..help

Evilbadger

I didn't mean to detract so much from the OP but it's a bit of a muddy legislative area, and generally Casual Workers not having fixed hours means it's an easier method of paying for their holiday, especially if they're working short contracts (or no contracts):

The ECJ firstly made clear that employers cannot simply allocate part of an existing wage packet to holiday pay. So, employers cannot get away with just saying that 8%, or whatever, of existing pay is holiday pay. Instead, holiday pay must truly be additional to normal pay.

Thereafter, the ECJ found that, strictly speaking, rolled-up holiday pay was unlawful. That was on the basis that employers must pay holiday pay during the specific period during which the worker takes leave. In this regard, the ECJ favoured the approach of the Court of Session. However, the ECJ also decided that, if rolled-up holiday pay was paid, the employer can set-off that money against the payments it ought to make during holidays. In other words, the rolled-up payments can be used as payments to account of holiday pay. The ECJ did however emphasise that, if rolled-up payments are to be used in this way, there needs to be "transparency" and "comprehensibility".
It is therefore important that employees are in no doubt as to the manner in which they are receiving holiday pay. Ideally, there should be a provision in the employees' contracts of employment explaining the payments. The contracts should identify the additional payment that is to be used as a payment to account of holiday pay and it would be preferable that this is also identified in the employees' payslips. If these steps are taken, employers should now be in a position to pay rolled-up holiday pay without any fear of the practice being deemed to be ineffective.

wen-tom

sorry that i havent followed up on this one for a while.

I get paid in cash weekly so I obviously know that i am not getting paid for my holidays. the owner also states that she does not give paid holidays.
I have no contract but work the same hours each week and have been there since august 2010.

this company is a small family run business who have had the same 2 staff for 16 years who obviously have not questioned this. I will leave as soon as I find something else.

I understand how you might think that by not challenging it I am letting them get away with it but at the same time, i do not want to upset the applecart as i do need this job!

what annoys me is that she gets very funny about when i ask for time off. i really dont think thats fair when i am not being paid for it anyway. does anyone know whether she has any right to tell me when i can and cant take time off when i am not being paid? sorry if i missed the answer to this somewhere..

Mudd14

I wont go on about what you are entitled to etc as that has been answered. In relation to your last question, yes the employer can decline holiday requests or specify times when holiday must be taken but must allow the statutory minimum of 5.6 paid weeks off per holiday year.

Savvy_Sue

How much notice are you giving when you ask for time off?

If I was running a shop, I'd be a bit funny if someone gave less than a week's notice of wanting time off. If there was a rota, I'd expect to be asked before I'd drawn up the next one! You can't just shut a shop whenever anyone wants a day off, and it's not always straightforward to arrange cover.

Having said that, you should be getting paid holidays, and that would be something I'd be pointing out!

wen-tom

THanks savvy sue. I have worked in retail mostly since leaving school and been a manager of a large chain so I understand that notice is required etc. I asked for time of in June in January! I asked for a day off in may last week so I am not asking for something at the last minute. There are no rota's- the company is too small to need one. It is run by family members and 2 other staff who have been there for a very long-time.
I am not being unreasonable with my requests and have always covered others when I needed to sometimes working 7 days a week between 2 jobs.

Savvy_Sue

wen-tom wrote: »

THanks savvy sue. I have worked in retail mostly since leaving school and been a manager of a large chain so I understand that notice is required etc. I asked for time of in June in January! I asked for a day off in may last week so I am not asking for something at the last minute. There are no rota's- the company is too small to need one. It is run by family members and 2 other staff who have been there for a very long-time.
I am not being unreasonable with my requests and have always covered others when I needed to sometimes working 7 days a week between 2 jobs.

time for a frank exchange of views, perhaps. Normally people here say that if a leave request is turned down the response should be "OK, when can I take my PAID LEAVE to which I am LEGALLY ENTITLED then?" but you also need to raise the fact that you ARE entitled to paid leave. I know I'd be asking how, if they couldn't cope without you at all, they thought they'd cope when you gave notice because they are such a pants employer, but then, I'm not the one desperate to keep a job ... so I understand that's not always easy.