Employer refuses to pay Holiday Pay !!!

Conor_3

kimevans wrote: »

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

Accountancy Additions employment agency do theirs like that.

No they can't. "Rolling Up" holiday pay into regular pay was deemed illegal by the European Court of Justice in March 2006 when a test case was brought.

bungle82

Like others have already said, it is actually illegal for an employer to pay you "rolled up" holiday pay as it contravenes the working times regulations.

There is information here that you my find useful.

Think you need to have a chat with your boss about this ASAP!

sexki11en

bungle82 wrote: »

Like others have already said, it is actually illegal for an employer to pay you "rolled up" holiday pay as it contravenes the working times regulations.

There is information here that you my find useful.

Think you need to have a chat with your boss about this ASAP!

Sorry but that's not entirely correct. There were test cases but a legal loophole allows employers to continue rolled up holiday pay until early next yer when it will then become illegal.

I had to check this out recently with the REC (Recruitment Employment Confederation) legal department as I supply temps to another agency who are still insisting on rolled up holiday pay (this is something I have refused to do for a long time with my workers) I was told that although it is not advised and hasn't been since 2006, it is not breaking the law until the loophole is closed in 2008.

OP - You are entitled to holiday pay though unless you are classed as self employed. Check your contract. Hope this helps and good luck.

Savvy_Sue

I had a feeling it wasn't as straightforward as it might be ...

But I agree that the OP is not in a situation where rolled up holiday pay should still be an issue.

dawnydee73

Savvy_Sue wrote: »

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 ...

The company I work for started to pay their casual worker's holiday pay this way in only April this year. The casual workers get 8.9% (I think this is want it is now the entitlement has gone up) added each month but are also told they need to take 4.8 weeks off thoughout the year.

I work for a very large company and I am surprised that they could be doing something illegal

Terrylw1

It does state that a timetable for introduction of changes may be needed within a company but does not state what that should be. So, SexKi11en has been in a situation where he/she needed to investigate it to avoid any legal problems, I would agree.

However, surely this would not count for employees joining after it became illegal??? I can understand the need for time in changing existing contracts but now for new contracts...