HELP - employer wont pay holiday pay!

Littleweeb · 10 January 2013 at 2:30PM

Hello

I hope someone can help me in answering a few questions I have regarding holiday pay & contracts.

I took holiday over Christmas as my colleagues informed me I would receive holiday pay, I have just received my pay packet and....no holiday pay.

I confronted my boss about this he said he has decided not to give holiday pay to new employees, to which I replied explaining it was illegal.

He them said fine you can have holiday pay but I am reducing your commission by 2%

I have no contract that details what my commission should be.

Can he do this? Even when other employees have holiday pay an no reduction in commission?

Thanks

Grabs39 · 10 January 2013 at 2:54PM

They do have to give paid leave. 20 days + bank holidays pro rata. If the commission isn't in your contract they might have a good chance of taking it. Is your leave entitlement in your contract?

As your boss is so unreasonable can you go over their head to their boss or a director? Do you have any HR people to talk to? It sounds like a small business so possibly not?

Try to get everything said in writing. If it's said, write down what is said and when in as much detail as possible (and ask for it in writing). They might soon get the hint, but if not any evidence will be very useful later on.

If you get no-where soon you can go to tribunal (not as daunting as it sounds) however you only have three months to take it there. https://www.gov.uk/employment-tribunals/taking-a-case-to-an-employment-tribunal

Littleweeb · 10 January 2013 at 3:01PM

Thanks for your reply Grabs39

I have no contract! Nor do I have written statement of employment terms (also illegal!)

My boss is the company owner and correct, it is a small company so there is no HR person/dept.

So, I am therefore owed for 2012 holiday pay but without contract looks like I am forced to take commission cut going forward - you agree?

My own fault really for not getting a contract :-(

Grabs39 · 10 January 2013 at 3:29PM

"So, I am therefore owed for 2012 holiday pay but without contract looks like I am forced to take commission cut going forward - you agree?"
Unfortunately this may be the case.

Anything said verbally or implied can count as a contract. Whether your commission would count as implied or verbal at a tribunal, I really don't know. If there's ambiguity in a contract, a judge would normally rule in favour of the party that did NOT make it (ie usually the employee). You should really have a written contract, especially as this guy sounds a complete cowboy - personally I'd be looking for a new job then taking him to tribunal. It might be an idea to have a chat with citizens advice though, see what they have to say (although I study business and have studied Human Resource Management I am by no means an expert). There's some useful stuff about employment contracts below. https://www.gov.uk/employment-contracts-and-conditions/overview

How does your employer stack up in other ways though. Staff welfare, Health and Safety etc. My advice is to stay safe and know your rights, but try not to rock the boat unless you have to (or you've already left!)

Littleweeb · 10 January 2013 at 4:56PM

Thanks again Grabs39!

First things first get a contact/written statement of employment terms and go from there.

Employer is fine is other ways, I actually thought he was decent guy, I thought wrong!

Uncertain · 10 January 2013 at 5:21PM

Grabs39 wrote: »

They do have to give paid leave. 20 days + bank holidays pro rata.

They have to give 28 days which can include bank holidays - which is not quite the same thing.

There is nothing special in employment law about bank holidays, even Christmas Day. The right is simply to a minimum of 28 days paid holiday if full time or pro rata if not.

adolphin10 · 10 January 2013 at 5:54PM

When did you join the company?

Russe11 · 10 January 2013 at 6:14PM

What is your job role? What hours do you work? What is the current renumeration agreement?

agrinnall · 10 January 2013 at 9:26PM

When you say you "took holiday" did you agree the time off with your employer, or did you just not go into work? The employer can dicatate when holidays are taken, and there are rules about how much notice must be given when requesting leave.