Advice needed re employment Holidays

jenhugs

Hi everyone,
I am posting on behalf of a friend. She has worked for a local authority for 3 years on a supply basis as a . However she has never had a break in her employment. During this time she has never had a contract, although this has been looked into. Complicated because the project she is working on is funded by the Welsh Assembly. It has recently come to light through a discussion with myself that she has also not been getting paid holidays. My friend assumed because she works term time only that she was not entitled to holiday pay. ( No she is not daft just never worked in this type of setting before with school holidays.) So for 3 years she has not received any holiday pay!! This has now been brought up with the local authority who have acknowledged that she should be receiving 23 days holiday paid. My friends argument is that this should be back dated as her colleagues have received holiday pay. Where does she stand? The local authority are quick to take money back off employers who they have over paid for the past 3 years.
Thanks any advice appreciated sorry it is a long one.

Fiddlestick

jenhugs wrote: »

So for 3 years she has not received any holiday pay!! This has now been brought up with the local authority who have acknowledged that she should be receiving 23 days holiday paid. My friends argument is that this should be back dated as her colleagues have received holiday pay. Where does she stand?

She may have a claim for the backdated statutory entitlement modified by whatever her pro-rata hours are.

Her employers have clearly breached the law by not ensuring that she takes the statutory minimum holiday entitlement.

I'd suggest she first obtains something in writing acknowleding that her employers have failed in this and then writing to their HR department asking for backpay in lieu of this holiday entitlement.