Holiday Pay

jaqs4

I'm hoping somebody can help me.

I work part time - (15 hrs per week but dont earn enough to pay tax or NI) I used to receive 20 days holiday a year to be taken when my employers were on holiday which suited me fine, but I have just been told by my employers that I am no longer entitled to holiday pay as I dont pay tax or NI! is this correct??? Any help would be appreciated.

heretolearn_2

No, it's not correct. ACAS can advise you.

Torry_Quine

They are wrong, of course you are entitled to holidays.The national minimum for a full time job is 28 days including public holidays and so you would be entitled to the pro-rata equivalent.

scheming_gypsy

Have a browse through there http://www.adviceguide.org.uk/index/your_money/employment/holidays_and_holiday_pay.htm#who_has_the_right_to_paid_holidays


Although i don't think holiday pay is related to tax and NI as your employers pay it and not the government. Sounds like they might be trying to screw you over, but the above link should help

jaqs4

Many thanks for your swift responses, am I still entitled to be paid even though I dont pay tax and NI?

KateBob

The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

This is a paste directly from Directgov.

anamenottaken

jaqs4 wrote: »

Many thanks for your swift responses, am I still entitled to be paid even though I dont pay tax and NI?

Yes. We are writing about your entitlement to paid holiday.

There is no connection with paying NI. (NI has a relationship to paid statutory sick leave but not holiday.)

KiKi

^^ As above.

More than that, it is illegal to offer part-timers worse conditions than full-timers, so you MUST be offered all pro-rata conditions that full-time staff are offered (unless there's a statutory reason why).

You are absolutely entitled to your holiday, OP.
KiKi

paddedjohn

you are entitled to a minimum of 84 hrs hollday pay per year. this can not be paid at more than 15 hrs/week so you can have 5.6 of your 15 hr weeks off, your employers can decide when you have your leave.

McKneff

Please dont go in with all guns blazing though, Ask them to check with dot.gove.

You'll get a lot further calmly telling them that they are misinformed rather than you going in there thinking that they are going to
screw you over.

Good luck

Russe11

jaqs4 wrote: »

I'm hoping somebody can help me.

I work part time - (15 hrs per week but dont earn enough to pay tax or NI) I used to receive 20 days holiday a year to be taken when my employers were on holiday which suited me fine, but I have just been told by my employers that I am no longer entitled to holiday pay as I dont pay tax or NI! is this correct??? Any help would be appreciated.

let me guess, your paid cash in hand, you have no employment contract, its how many small business run, its is wrong but so many employers get away with it.