Holiday pay

Amy93 · 22 November 2018 at 4:52PM

My fiance works as agency for a care company. He asked his manger for time off last week which he said he could so booked off the week. Now his payroll is saying he's not entitled to any money although the manager said he was. They are saying he has rolled up pay but nowhere can we find any confirmation of this as his pay slip just says basic rate. Help! What can we do this has been going on for 3 weeks now.

Amy93 · 22 November 2018 at 4:53PM

I did not mean to put last week at the beginning. It was last month this all started.

Comms69 · 22 November 2018 at 4:54PM

It's illegal to have rolled up pay anyway. So whether he has or not is largely irrelevant.

What's his hourly rate out of curiosity?

Amy93 · 22 November 2018 at 4:58PM

Comms69 it £9 and hour he works 12 hour shifts but does not get paid for his lunch or breaks.

Comms69 · 22 November 2018 at 5:01PM

Amy93 wrote: »

Comms69 it £9 and hour he works 12 hour shifts but does not get paid for his lunch or breaks.

No requirement for break to be paid, but at least they aren't paying under NMW.

The issue is ofcourse, what can he do about this, without jeopardising his job. Given this has just come up, it must be a relatively new job (less than 2 years)

I'd suggest finding a new employer.

Amy93 · 22 November 2018 at 5:04PM

We are looking for a new job but unfortunately it has put us in financial difficulties so need the holiday pay to sort it. We are a low income family with two kids and one parent working. We do not get help with benefits because he is non eu citizen so doesn't qualify for help lol. Just need to know how we can get the money we are owed.

Comms69 · 22 November 2018 at 5:12PM

Amy93 wrote: »

We are looking for a new job but unfortunately it has put us in financial difficulties so need the holiday pay to sort it. We are a low income family with two kids and one parent working. We do not get help with benefits because he is non eu citizen so doesn't qualify for help lol. Just need to know how we can get the money we are owed.

2 questions:

1: he presumably has a visa that allows him to work? - this isn't my specialist area, so you should post in the benefits section, but I'm pretty sure that this would give access to certain benefits.

2: and regardless of that, you are presumably entitled to benefits, so would get child benefits, tax credits / universal credit etc.

I'll be honest, whilst it's possible to get the money, it wont happen for several months going down the legal route. You have 6 years to make a claim, so worry about the short term situation first.

Amy93 · 22 November 2018 at 5:35PM

He does have a visa but it states not entitled to government fund so we have child benefit and tax credits but that is all and to be honest these are not a huge amount. I think we will just give it up as a lost cause and just get a new jobs as soon as possible. Thank you