Holidays/Holiday pay advice?

falko89

Not sure how to handle this as you don't want to be the whiner but on the other hand you want to get what you are legally entitled to.


As some will know I started a new job last month, love the job, love the company, but as always there is always one fly in the ointment.


The company sets holidays through out the year, no problem there as this has always what I've had in the past, typically it goes 1 week at Easter, May Day, 2 weeks summer, end of summer bank holiday and 2 weeks at Christmas which brings it up to the standard 28 days per year.


Problem is the company sets them then cancels them at the last minute. My coworkers only got 4 days last Christmas, the remaining 6 days carried over to this year, 1 day at Easter, no may day, summer cut from 2 weeks to 1 week to 3 days, Christmas will also likely be cancelled.


Now I could of been smart and pointed out that cutting summer holidays down to 3 days 2 days before they are due to be taken is illegal but I can't be bothered fighting anymore, I've had to much agro in my last job. My coworkers say this is the norm, they got told on Xmas eve last year they were not getting the full 2 weeks.


I didn't get paid for the summer shut down but I wonder when I will be able to take holidays and get paid for them?

falko89

Anyone know anything about this? This probably falls into the same bracket as those firms who don't pay min wage, illegal yes but what can you do? Its a small family run firm, I appreciate when things are busy you have to do what you have to do to get work out but there are rules. Its been going on so long it doesn't seem to bother the others, they are used to it. Am I gonna have to start searching again?

~Beanie~

I assume that they haven't actually cancelled any of your holidays yet? When (if) they do, ask when you will be able to take the days off as its the law that you get 28 days.

They can tell you when you can take them but they do have to let you take the correct number of days.

falko89

~Beanie~ wrote: »

I assume that they haven't actually cancelled any of your holidays yet? When (if) they do, ask when you will be able to take the days off as its the law that you get 28 days.

They can tell you when you can take them but they do have to let you take the correct number of days.

The summer was cut from 2 weeks to 3 days. You can take the rest when u want apparantly. How long would i have to be there to acrue holiday pay? Id like time of before the end of summer.

anamenottaken

falko89 wrote: »

The summer was cut from 2 weeks to 3 days. You can take the rest when u want apparantly. How long would i have to be there to acrue holiday pay? Id like time of before the end of summer.

Well, you can't take the balance of 1 week 2 days "when u want" as you might well have wanted to take them at the time they have cancelled.

You accrue paid leave from the first hour that you work there.

What's the date of the start of your employment there? When would be the first day that you would like to take off?

falko89

anamenottaken wrote: »

Well, you can't take the balance of 1 week 2 days "when u want" as you might well have wanted to take them at the time they have cancelled.

You accrue paid leave from the first hour that you work there.

What's the date of the start of your employment there? When would be the first day that you would like to take off?

I started end of June, 30th i think. Id like of August bank holiday

falko89

So thought I would bump this as we are hitting Christmas shortly, I thought I'd get in early and book my holidays but it seems Christmas isn't gonna happen either.

Any job I've had in the past at Christmas we always got 2 weeks holidays. So I asked my boss, I said I'd like to book holidays at Christmas what way does it work, He said "Ah we are quite far ahead at the moment so if this keeps up we "Might" get 1 week off," so that just took the wind out of my sails about getting 2 weeks, he then said others have holidays to take from last Christmas which might delay us so we might only get 2 days. I mean 2 days??

My co workers had 15+ days to take as they got hardly any holidays all year, they still even have last years Christmas holidays to take yet. How do I handle this? I will have my holidays accrued by Xmas and I want to take them, I have small children, I want to be of when they are off.

I happen to tell this to a coworker who said "A word of advice, don't ask about holidays again" I thought what?? These guys are !!!!! scared of the employer hence why they have all there holidays to take, I'm the guy who took a former employer to court for not paying redundancy while everyone else sat and watched, I am legally allowed holidays and want to take them.

Takeaway_Addict

Start looking again I'm afraid!

Another_not_new_user

falko89 wrote: »

I am legally allowed holidays and want to take them.

But you are not legally entitled to have them when you want them, and having small children does not entitle you to Christmas holidays. You are entitled to a total of 28 days or pro-rata for part-time workers in any leave year, and your employer is obliged to allow you to take those days in the leave year - but not obliged to give them to you when you want them. At Christmas, assuming that your contract says that public holidays are an entitlement, you get two days. Christmas day and Boxing day.

falko89

Another_not_new_user wrote: »

But you are not legally entitled to have them when you want them, and having small children does not entitle you to Christmas holidays. You are entitled to a total of 28 days or pro-rata for part-time workers in any leave year, and your employer is obliged to allow you to take those days in the leave year - but not obliged to give them to you when you want them. At Christmas, assuming that your contract says that public holidays are an entitlement, you get two days. Christmas day and Boxing day.

My contract says clearly holidays must be taken before the end of the year and can not be carried over, holidays not taken are lost and no cash alternative is available. So what way does that work.

falko89

Takeaway_Addict wrote: »

Start looking again I'm afraid!

I didn't want to say that but it's looking like I might have to get the old CV out again. If I look at my last 3 jobs, the first never paid half the time and as I mentioned ended up in court action by myself. The next employer treated folk like scum of the earth, it took me a long time to escape from their and now this employer while fantastic in every other way messes about with holidays. Do any decent genuine employers exists or am I expecting to much?