Unpaid Holiday

frankie4fingers

Hello everyone,

I am after some advice from you lovely people, as my partner and I have found ourselves in a little bit of a situation.

We have both worked in a bar as a second job, my partner since Jan 2011 and me April 2011. We work when we are booked on the rota, we don’t have a set working pattern or number of hours, and just let them know when we can't work (so we are not booked on, and don’t get paid).

The time has come for us to leave the employment, and I know that we will be owed holiday pay. HMRC website says 12.07% of hours worked when you have no contracted hours.

The only problem is, my boss is as tight as they come, and has told people in the past that we dont get holiday pay as we dont have set shifts (something i've only just heard).

Knowing that getting accrued holiday pay out of him will be like getting blood from a stone, what would be my next port of call if he refuses (which i'm 99.9% sure he will)? Together, mine and my partners accrued pay should be in the region of £1,000 before stoppages, and so isn't something i particularly want to just shrug off.

There was no mention of “use it or lose it” leave in our contract, in fact, I don’t think leave was mentioned at all.

Many thanks in anticipation.

F4F

LadyMissA

I am sure that on a zero hours contract paid holiday is on the basis of the last 12 weeks work but someone will confirm this I am sure.

What does it say in our terms of employment?

getmore4less

You will need to establish the holiday year.

If there is no official one it is based on your start date.

holidays up to statutory can be use or lose so you only count for the current holiday year(you could try for all the outstanding holiday)

Once you work out your holidays accrued, 12.07% is good way for hours based working you ask for it when you resign.

Failure to pay is an illegal deduction so you ask for it again if not paid in the last pay packet.

if still not paid follow any grievence procedure and then go to a tribunal.

don't let them drag it out you have 3m less a day to.

Resign giving your full notice,

19lottie82

I was in a similar (in fact, almost exactly the same) position to this, when I worked in a bar with a very tight owner.

I asked for my holiday pay and was told "you don't get paid holidays here".

I then printed out a couple of PDFs that detailed my legal right to holiday pay, gave it to my boss (along with the number for ACAS, who would happily guide him through his rights as an employer!) and told him to read it over.

A few days later I spoke to him and asked him if he was going to give me my holiday pay, or should I take this further by reporting the matter to ACAS?

Luckily he paid up. It wasn't as much as you were owed tho, only about £110, but still.

The problem with small businesses like this, especially bars (I have worked in a lot of them), is that a lot of workers don't realise that they are entitled to holiday pay, so don't ask for it.

I would advise just to follow the process that I did. If he still refuses, just call ACAS who should be able to offer you further advice.


PS Make sure you keep all of your pay slips.

19lottie82

PPS - The advice above is based on the assumptions that your job was through the books (not cash in hand) , ie you paid tax on a second job and got payslips?

19lottie82

LadyMissA wrote: »

I am sure that on a zero hours contract paid holiday is on the basis of the last 12 weeks work but someone will confirm this I am sure.

What does it say in our terms of employment?

I have worked in loads of bars and never once had terms of employment or a contract

LadyMissA

19lottie82 wrote: »

I have worked in loads of bars and never once had terms of employment or a contract

The OP says they have a contract

frankie4fingers

Hi everyone,

Thanks very much for your replies, i appreciate your time.

I did sign a contract, but wasn't given a copy of it, nor am i able to get a copy of it from, the place is an unorganised mess (hence why we are jumping ship).

Bit of a shame re the 12 month cut-off, as that effectively writes off my partners accrued holiday, but it all helps.

I do have most, if not all payslips, so will chance my hand and see how far i get.

Thanks again to you all for your advice

F4F

19lottie82

LadyMissA wrote: »

The OP says they have a contract

Whoops, you're right! Apologies LMA!

LittleVoice

19lottie82 wrote: »

Whoops, you're right! Apologies LMA!

But the "contract" didn't include anything about leave so is not what should be in the basic minimum written particulars of employment to which they are entitled.

paddedjohn

frankie4fingers wrote: »

Hi everyone,

Thanks very much for your replies, i appreciate your time.

I did sign a contract, but wasn't given a copy of it, nor am i able to get a copy of it from, the place is an unorganised mess (hence why we are jumping ship).

Bit of a shame re the 12 month cut-off, as that effectively writes off my partners accrued holiday, but it all helps.

I do have most, if not all payslips, so will chance my hand and see how far i get.

Thanks again to you all for your advice

F4F

Are there any full timers there who get holiday pay? if so find out when the holiday year runs from/to and if its a set date ie; april-march then you may be able to claim some pay back.
If the holiday year is from start date to anniversary then your bf will lose most of his but yours will be safe.
Show the idiot boss the directgov.com website and threaten him with action, youve got nout to lose if you are leaving anyway any you may be able to get every penny back that he owes you.
Good luck;)