Statutory Holiday Pay and Contracts

skibadee

getmore4less wrote: »

How much are they getting paid? 21+ is £6.50 min wage

5 day week 42.5 only getting 15hr on a holiday week down 178 is only £6.47ph

They are paid £6.50 a hour...maybe I got it wrong and its 42 hours.

skibadee

What do we do now if employer still says she's standing her ground on the 3 hours?

SeduLOUs

Is she aware that it is illegal but doesn't care? Or is she just an idiot who doesn't understand?

The questions now start to depend on how long you've worked there and how bothered you are about potentially risking your position - if you are in your first two years you can be let go for pretty much anything. If longer, then you are somewhat safer, but disputes with employers do not always end well.

My advice if you do want to pursue it? Gather a few colleagues and get them on side, and try to approach it informally in some some of general meeting. If you can 'gang up' together, you'll reduce the risk of being let go, and she might see reason rather than just viewing one person as a troublemaker.

If that still doesn't work, you might need to start talking to ACAS to see what your options are, probably raising a formal grievance but it still doesn't guarantee a result.

Only you know your boss and how much noise you think you need to make. The more people you have on side and speaking up with you the better. Are any of your colleagues in Unions?

Unfortunately the law is very clear on what your rights are, but actually enforcing them isn't usually easy!

Takeaway_Addict

https://forums.moneysavingexpert.com/discussion/5050891

OP asked the same thing months ago and hasn't done anything...

getmore4less

I would try HMRC as a min wage issue they have the power to investigate.

If that fails legal action

skibadee

Takeaway_Addict wrote: »

https://forums.moneysavingexpert.com/discussion/5050891

OP asked the same thing months ago and hasn't done anything...

We have done something by addressing the employer, the other manager seemed to see where we were coming from, and informed the employer who then said " but that's like paying double time as I have to pay the person on holiday and someone to cover "
We , wrongfully presumed that she now understood, or though not happy about it!
Until a member of staff who was on holiday in May approached her regarding her hours/pay during that time, and was told " your contract says 3 hours holiday pay"
Hence the question re., holiday pay and contracts!

ohreally

Given the persistence of your issue and the intransigence of the employer, why aren't you all are union members by now?

skibadee

ohreally wrote: »

Given the persistence of your issue and the intransigence of the employer, why aren't you all are union members by now?

To be honest I do not know what Union we could join? We are classed as childcare workers?

SeduLOUs

skibadee wrote: »

To be honest I do not know what Union we could join? We are classed as childcare workers?

http://lmgtfy.com/?q=union+for+childcare+workers+UK

KiKi

How your employer covers the work - and pays for it - is not your problem. This is entirely unlawful.

As Sedulous has said, you're entitled to 165.2 hours of PAID holiday, based on your current hours. Every time you take a day / half day off, you need to take those hours from your entitlement. This applies to Bank Holidays as well. So if you don't work on a BH, then you need to be paid for the hours you would have worked.

Raise a grievance with your employer, pointing them to the legislation. If this gets nowhere, perhaps you can get CAB / solicitor to write you a letter. If that gets you nowhere, then either a union or you may have to take this to tribunal.

I'd also be asking for back pay for the last, say, three years' holiday which hasn't been paid.

KiKi