Employer refuses to pay Holiday Pay !!!

TAG

Your opinions/help on this one please.

I've worked for the same employer for over 2 years now. Up until September of this year I used to do 4 hours 3 days a week.

From September I've worked 2 hours a day Monday to Friday. I told my employer weeks ago that I needed half term week off. And tjought I had booked it as a holiday.

I was informed last week after I asked if I was getting holiday pay that NO I wasn't. Because I earn £6.00 an hour where as the 2 others earn £5.55. And anyway I was casual. :mad:

To say I am miffed is an under statement. So what do I do. I got my wages today and no 'holiday pay' in there. So it looks like IF I am going to get any it won't be until the week I go back after half term.

Now I'm seriously looking at my options as to what to do. Plus none of us have had a wage slip since the beginning of June.

So what do all you lovely people suggest. And how much holiday am I entitled to based on my current hours?

tru

I'm classed as casual permanant, if that makes sense

My hours used to vary from 10 to 22 hours per week, depending on how much work there was to do. What I did was average out the weekly hours over the past 13 weeks, that was my holiday pay. I have 4 weeks (4 of MY working weeks, IYSWIM) paid holiday, I get paid for bank hols too.

I wanted to spend more time on my own biz so I always do 10 hours per week now.

OFFICIAL INFO HERE

Savvy_Sue

ACAS website will advise on how you work out holiday pay if your hours aren't regular, and you'll probably find something you can print off to show your employer about the necessity to pay holiday pay ...

milkydrink

I think they can use the arguement that they pay it in your regular pay.

Accountancy Additions employment agency do theirs like that.

elite_2

kimevans is right - Our "casuals" pay was increased to include their holiday pay

PasturesNew

This, I believe, is what they called "rolled up pay". Which is illegal, I believe.
They DO now have to pay you holiday pay.
So get in touch with the officials now... and get claiming. It IS yours (I believe)... but I don't post unless I am 99% sure I'm right

I am a temp. I get my hourly rate of pay. Then I am accumulating separate holiday pay. On my payslip each week it tells me how many hours I have accumulated. This agency calculate it on a week by week basis then add it to my total, but it is acceptable for companies (I think) to take an average of your previous 13 weeks' pay.

Good luck.

PasturesNew

Just found a previous thread on this site where this question was covered too:

http://forums.moneysavingexpert.com/showthread.html?p=6450053

elite_2

PasturesNew wrote: »

This, I believe, is what they called "rolled up pay". Which is illegal, I believe.
They DO now have to pay you holiday pay.
So get in touch with the officials now... and get claiming. It IS yours (I believe)... but I don't post unless I am 99% sure I'm right

I am a temp. I get my hourly rate of pay. Then I am accumulating separate holiday pay. On my payslip each week it tells me how many hours I have accumulated. This agency calculate it on a week by week basis then add it to my total, but it is acceptable for companies (I think) to take an average of your previous 13 weeks' pay.

Good luck.

Hmm, looks like you're right (quick google), can't believe my work is doing this if it is illegal (reputable university...)

HR might have some angry casuals tomorrow!

milkydrink

PasturesNew wrote: »

This, I believe, is what they called "rolled up pay". Which is illegal, I believe.
They DO now have to pay you holiday pay.
So get in touch with the officials now... and get claiming. It IS yours (I believe)... but I don't post unless I am 99% sure I'm right

I am a temp. I get my hourly rate of pay. Then I am accumulating separate holiday pay. On my payslip each week it tells me how many hours I have accumulated. This agency calculate it on a week by week basis then add it to my total, but it is acceptable for companies (I think) to take an average of your previous 13 weeks' pay.

Good luck.

Accountancy additions were doing holiday pay this way when I last worked for them, a couple of years ago.
I have worked for other temp agencies who do "normal" holiday pay.

Unless it has become illegal in the last couple of years, I doubt very much Accountancy Additions would be calculating temps holiday pay illegally.

Savvy_Sue

kimevans wrote: »

Unless it has become illegal in the last couple of years, I doubt very much Accountancy Additions would be calculating temps holiday pay illegally.

I believe it has become illegal in the last couple of years - that's to say there's been a couple of test cases gone through where rolled up holiday pay was rejected, the whole point of the law was to give people a break from work, ie not being there! Being paid more to compensate for not having holiday wasn't enough.

I hope someone else can find details of the test case if you want it, because it will take me a while ...

Terrylw1

Hi Sue,

I'll save you the trouble. Luckily, the 1st one on the list from the Google search...

http://www.dti.gov.uk/employment/employment-legislation/working-time-regs/rolled-up/page29030.html