Rolled Up Holiday Pay

getmore4less

veryconfused20 wrote: »

Sorry, forgot to add there was a small payrise about 18 months ago.

I also have to take an additional three days at Christmas so I would take 31 holiday days per year.

If you take 31 days(6.2 weeks) the holiday uplift should be 13.54% so they are still ok with 14%.

Holiday pay really should be paid at the time it is taken.

Some would be happy getting it paid in advance.

Also do they pay the holiday pay on any overtime?

veryconfused20

getmore4less wrote: »

If you take 31 days(6.2 weeks) the holiday uplift should be 13.54% so they are still ok with 14%.

Holiday pay really should be paid at the time it is taken.

Some would be happy getting it paid in advance.

Also do they pay the holiday pay on any overtime?

It's not the amount that I am trying to determine as to whether is unlawful or not, it's it actually happening at all which is what I'm trying to understand.

I think I probably have my answer though - one shouldn't receive pay in lieu of holiday unless they are leaving and have accrued holiday they haven't taken (according to Gov.UK), and that is specifically what it is recorded as on my payslip.

getmore4less

The problem is(as it is with most employment based legalities) it is not easy or cheap to get things changed if an employer does not want to change.

You can point out to them that they should not be doing it this way but enforcement if they say no is probably not worth bothering with as an individual.

Podge52

getmore4less wrote: »

The problem is(as it is with most employment based legalities) it is not easy or cheap to get things changed if an employer does not want to change.

You can point out to them that they should not be doing it this way but enforcement if they say no is probably not worth bothering with as an individual.

If what they are doing is illegal then they should be reported to the relevant authority. Employers shouldn't be allowed to choose which laws they abide by and which they don't.

getmore4less

Podge52 wrote: »

If what they are doing is illegal then they should be reported to the relevant authority. Employers shouldn't be allowed to choose which laws they abide by and which they don't.

There is no relevent authority when it comes to pay other than HMRC for under min wage and TAX/NI issues.

Well there is ET but you have to pay to take a case to there.

Pricivius

As others have said, rolled up holiday pay should not be happening. You should be paid for leave as and when you take it.

However, the difficulty in enforcing that is that you have not lost out in financial terms. Your recourse would be to bring a claim in the Employment Tribunal which you would probably win. But as you cannot show any loss, you would not receive a financial award. The law recently changed so that Tribunals can impose financial penalties on employers who breach employee's rights, so employers should be more wary than before. However, the financial penalty goes to the Exchequer not the employee.

Employers who do this rely on the fact that employees are not out of pocket so will not bring a claim as there is little point, or at least there used to be little point before financial penalties.

It may be that your employer backs down if you shout about it and threaten a Tribunal, mentioning financial penalties. Although it may also be the case that they dismiss you, depending on length of service.