Holidays- can my employer pay only for a part of my holiday period?

sangie595

Undervalued wrote: »

Technically yes but it is a moot point as the employer can dictate when an employee can and cannot take their holiday.

So if they want to enforce the "unlawful rule" they can easily get round the issue and lawfully do so by insisting that the employee takes their holiday at times when they "just happen" to have enough days accrued! Obviously that wouldn't be the official reason but then they don't have to give a reason to refuse a holiday request!

They might. But they didn't. It doesn't change the fact that such a rule would be unlawful - and that is what you said, that some employers have such a rule.

sangie595

Izofog wrote: »

OK, I work 5 days a week as a matter of fact, but this amount of days is clarified nowhere in my contract. Actually, I work with hourly pay, and amount of hours may vary between weeks. So, in case of need I could do e.g. 37 or 47 hours weekly, in four, five or six days - i do not have fixed rota.
At the moment of taking my holidays i didn't have 28 days of holidays accrued, but it was 24 or 25, which was enough to cover the period when I wanted to go on my holidays. It is irrelevant, that I have to use all my holiday days before 1st of December, otherwise I would lose all of them.
Also, last year I was taking my holidays like 10 days in September, 9 in October and 9 in November and didn't have this sort of problem, that any day would be unpaid.

I know this isn't what you asked but... So why not simply book the rest of your holiday? If you still have statutory holiday left, the employer MUST allow you to take it before the end of the holiday year. It's illegal for them to do otherwise. So if they want to mess you around, mess them back!

jobbingmusician

Let's look at it another way, if this is easier for you.

Each week you work on five days (normally). You get paid £67.30 for the days you work.


You took 3 weeks and 4 days off. You normally have Tuesday and Wednesday off. So the days you should be paid for are:

Mondays 10th, 17th 24th Sep and 1st Oct
Thursdays 13th, 20th, 27th Sep and 4th Oct
Fridays 14th, 21st, 28th Sept
Sat 15th, 22nd, 29th
Sun 16th, 23rd and 30th.

This is a total of 17 days. You say you have been paid for 18. So the employer has got it approximately right. (Probably totally right)

You may have been paid for 18 days because you worked some overtime in the period before your holiday and so accrued a bit of extra holiday. Or you may have used 18 days of your 25 days. Make sure you take those additional 7 days (a week and two days!!!!) before Dec 1st. Or ask the employer if you can buy your holiday back from them, so that you work your normal days until Dec 1st but get paid another 7 days' holiday. They *might* agree to this. In which case you'd be in exactly the situation you wanted to be in.

I can't really comment on what happened in previous years, except to say that people who are paid on a daily rate and normally work 5 days should be paid holiday for 5 days of every week they are on holiday!