employer refuses paid holidays

19lottie82

I have been working in a bar, 11 hours a week, for almost 6 months (on top of my 9-5).It is all legal and through the books. I pay tax @ BR and have all my payslips.

I am going on holiday for 2 weeks next month. I mentioned to the "Manager" (although she is on minimum wage like the rest of us) that I would need to get my holiday pay sorted out before I went and could she find out how much I had accrued.

After this she said she had mentuioned it to the accountats when she phoned in the staff hours and they had told her that staff don't get paid holidays. :mad: Now, I know that legally I am entitled to 5.6 weeks paid holiday a year, pro rata. But my question is, what is my best plan attack if they continue to refuse to give me my holiday pay?

The owner pops in now and again, but it's always in the morning when I'm not here, and as I said the Manager, isn't really a proper manager, so to speak.

Cheers in advance.

ceridwen

Well - if the "manager" is only on NMW (ie the same as yourself) then she simply ISNT a manager in any "real" sense of the word. How could she possibly be - when she's only on the same money as yourself? <puzzled smilie>

Therefore - take it that she simply doesnt know what she is talking about and provide the written "proof" that all employees now get at least 28 days holiday a year (including Bank Holidays). Hopefully that will resolve the issue. If it doesnt - then take it higher.

My suspicion is that your so-called "manager" doesnt "know her !!!! from her elbow" and the chances are that you will have to take this to a higher level than her. But - do bear in mind that this "manager" doesnt have a scrap of credibility precisely because she is on the same money as you are - and therefore there is a very high chance indeed that she doesnt know what she is talking about...

I think she is telling you a pack of lies - because I simply cant believe that trained professionals (eg those accountants) wouldnt know the law on this...

19lottie82

oh i know she isn't a "proper" manager, i don't even know why she took on the role, the owner (who is a multi millionaire btw), is just making a muppet of her, she even goes to the cash and carry, using and paying for her own petrol!

Anyway, what I'm trying to say is, I know that I'm not going to get anywhere through her. I don't have any contact details for the owner, in fact I've never even met him! I think I have a number for the accountants tho....... They obviously know the legalities re holiday pay, but they're just trying to pull a fast one.

Naf

Get your contract; are you certain your holidays aren't already built into your basic pay? If you're definitely only on NMW then this won't be the case, but if you're, roughly 15-20% higher then you might be getting you holiday pay by the hour too. I had a job where this was the case... did work quite well for overtime though

19lottie82

naf - no contract, which is the norm for bar work (unless its a large chain), i do however, have all my pay slips,

Sambucus_Nigra

I'd call the accountants and ask for it in writing that I did not get paid holidays. When they ask, say that you have been advised to obtain this in writing and leave it at that.

ganonman

Naf wrote: »

Get your contract; are you certain your holidays aren't already built into your basic pay? If you're definitely only on NMW then this won't be the case, but if you're, roughly 15-20% higher then you might be getting you holiday pay by the hour too. I had a job where this was the case... did work quite well for overtime though

Check for what this poster said before kicking up any fuss, as I've had jobs in the past that did this too.

19lottie82

Thanks Nigra. I guess this would be my best option. After this, if I'm still getting nowhere, where would be my next port of call, CAB?

19lottie82

ganonman wrote: »

Check for what this poster said before kicking up any fuss, as I've had jobs in the past that did this too.

No probs. I am on £6 per hour and the minimum wage is £5.93. Holiday pay accrued is just over 12% of what you have already earned, so this couldn't be the case.

Naf

Sambucus_Nigra wrote: »

I'd call the accountants and ask for it in writing that I did not get paid holidays. When they ask, say that you have been advised to obtain this in writing and leave it at that.

And then take them to an employment tribunal as it'd be illegal for you to get no form of holiday pay whatsoever.

What do your payslips say is your wage/salary/hourly or whatever it specifies? And are you over 21? (different NMW applies)

picnic

holiday pay paid over the year in your wages is not allowed. check the acas website will give you more advice on this..