Questioned Holiday Entitlement and now employer says might not have a job?

masonsmum

I am posting on behalf of my mum, she works in a small store where there are only 3 workers, the owner, herself and another colleague. My mum works 3 days a week (Wed, Thur & Fri same hours every day) during the Christmas holidays we were discussing holiday entitlement and my mum gets 12 days a year (2 weeks at Christmas and 2 weeks at the summer) I work 3 days a week and my employer gives me 18 days.

So my mum phoned ACAS and they advised her holiday entitlement should be worked out pro rata according to the legal amount for a full time worker which is 5.6 weeks and multiply that by the days worked so 5.6 x 3 is 16.8 days.

She then approached the owner of the store on Friday to advise what she had discovered and her boss said she would need to look into it as she didnt believe such a small business could "sustain" holiday entitlement like that.

Then my mum receives a text message from her boss yesterday to say she had met with her accountant and that she feels that she cant allow that type of holiday entitlement and she may just have to "close the shop" as its "only ticking over"

My mum feels she is being bullied into dropping her claim for the extra days with the threat of no job at all.

Any advice would be greatly appreciated?

ValHaller

She is bluffing.

And even if she isn't, if 4.8 days pay over a year at a shop assistants rate is going to be enough to bring the pack of cards down, there will be nothing to lose by continuing with the claim. Because obviously, it is not going to be there much longer.

Sambucus_Nigra

How long has she worked there?

If the business can't sustain the legal allowance of holidays then perhaps they need to revise their business model.

How many days a year does the owner take?

Enterprise_1701C

Does she get bank holidays off?

Bank holidays

Bank or public holidays do not have to be given as paid leave. An employer can choose to include these holidays as part of a worker’s statutory annual leave.

masonsmum

No she doesnt get any bank holidays, she has worked for them for just over 6 years?

KiKi

What Valhaller said. Pursue it - she's entitled, and the employer is breaking the law.

Please note, that the 16.8 days is the lawful min which includes BHs as well - they are not in addition. And BHs are pro ratad for part timers (they've been pro ratad in the calculation of 16.8 days already).

getmore4less

Does she work good friday?

Remind the employer that if they do close the shop then that will require a redundancy payment of 6 weeks pay(more if she is over 42) which will be 18 days and 6 weeks pay for notice.

masonsmum

Yes she works Good Friday.

Owain_Moneysaver

getmore4less wrote: »

Does she work good friday?

Remind the employer that if they do close the shop then that will require a redundancy payment of 6 weeks pay(more if she is over 42) which will be 18 days and 6 weeks pay for notice.

and repayment of all the outstanding holiday pay since the Directive was introduced, because she'll put in a claim for that.

getmore4less

Owain_Moneysaver wrote: »

and repayment of all the outstanding holiday pay since the Directive was introduced, because she'll put in a claim for that.

That will be a tough one.

if the holiday year is jan-dec there is time for a claim for last years but not previous to that.

t0rt0ise

So she should say to them okay she will accept the correct leave this year but will forego it from previous years because she recognises that the company cannot afford the back pay. That way it will look as though she is doing them a favour (which in fact she is).