15hr contract, minimum wage, not able to take all holiday

michaels

A relative is on a 15 hour a week contract with Argos although the often get gvien more (average about 20 hours a week) on minimum wage.

At te end of the last leave year they had not taken all their holiday entitlement and were not allowed to take it at the end as there were not enough staff and have not been paid for the unused leave.

They are loathe to raise the issue because they don't want to lose the job and are currently in negotiations to get a full time hours post with the same company.

I was wondering if the failure to allow or pay for leave in what is a minimum wage job effectively resulted in the employee being paid less than minimum wage and that this might be the approach to take in disputing the situation without putting the job at risk. The employer is a very large national retailer (no unions afaik) who I am sure would not want to be named on the underpaying minimum wage list.

Thoughts?

pmlindyloo

This link may helkp you:

http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm

ohreally

michaels wrote: »

The employer is a very large national retailer (no unions afaik) who I am sure would not want to be named on the underpaying minimum wage list.

Both Unite and USDAW organise in Argos.

"General merchandise retailer Argos may face industrial action after union members overwhelmingly rejected a possible two year pay freeze"

michaels

Thanks both

specialboy

The employer aren't allowed by law to pay for any unused holidays (unless its over and above the legal minimum amount). Did your relative give plenty of notice when trying to book the holidays? Do Argos have a no leave in December policy?

michaels

specialboy wrote: »

The employer aren't allowed by law to pay for any unused holidays (unless its over and above the legal minimum amount). Did your relative give plenty of notice when trying to book the holidays? Do Argos have a no leave in December policy?

Presumably the same law also makes it illleagal for sufficient holiday not to be taken? Does it being a part Time job make any difference?