HELP not been paid holiday pay for 9 years

zim123

Hello any insight and help would be great. Yes I know I am half to blame for this. I am a live in carer for a spinal cord injured lady. I work privately but I am PAYE. When I started for them 9 years ago it was soon after her accident and I was probably niave and they had just a basic contract that didn't include holiday pay as they were just as new to it as I was . I thought and I guess so did they with the nature of the job being roughly 2 weeks on work and 2 weeks off that I wasn't entitled to holiday pay. I pay tax, NI and have a pension and I am due to start maternity leave in July. When my client phoned her accounting firm to discuss my SMP they mentioned holiday pay which she has now mentioned to me. She has asked me to do my own research so we can come to a figure so I am not swayed by what they suggest. They are a lovely family and I we would both like to part on good terms.

My first question
1: am I entitled to holiday pay for all these past 9 years.
2 :If I work roughly half a year 182 days how many days holiday am I entitled to

Any help and advice is much appreciated

nicechap

zim123 said:

Hello any insight and help would be great. Yes I know I am half to blame for this. I am a live in carer for a spinal cord injured lady. I work privately but I am PAYE. When I started for them 9 years ago it was soon after her accident and I was probably niave and they had just a basic contract that didn't include holiday pay as they were just as new to it as I was . I thought and I guess so did they with the nature of the job being roughly 2 weeks on work and 2 weeks off that I wasn't entitled to holiday pay. I pay tax, NI and have a pension and I am due to start maternity leave in July. When my client phoned her accounting firm to discuss my SMP they mentioned holiday pay which she has now mentioned to me. She has asked me to do my own research so we can come to a figure so I am not swayed by what they suggest. They are a lovely family and I we would both like to part on good terms.

My first question 
1: am I entitled to holiday pay for all these past 9 years.
2 :If I work roughly half a year 182 days how many days holiday am I entitled to

Any help and advice is much appreciated

Is holiday pay already included in your pay packet, ie. you take your holiday during the 2 week off period?

Some questions that may help clarify  - What periodicity is your pay?  Do you get paid weekly, 4 weekly, monthly?  

When you are working, what hours do you work? 8 hr days, 12 hrs ? And do you work 14 days straight?

Those things may affect the calculation, but working 182 days a year, entitles you to approx 22 days a year leave so you should be paid 204 days per year, split by whatever periodicity you get your pay in.

Taking all that into account  - Are you paid above Minimum/ living wage?  

zim123

Thanks for the fast reply nicechap.
So I work the full 14 days sometimes more sometimes less but the average shift is 14 days long. I am paid t the end of the month. I am paid a day rate for my work as it is live in so 24 hours a day. This is because each day varies. Some might be 10hours of work and some days might be 5hours. But I am live in so always on call basically hence the day rate.
No holiday is definetly not included in my pay packet. 

nicechap

zim123 said:

Thanks for the fast reply nicechap.
So I work the full 14 days sometimes more sometimes less but the average shift is 14 days long. I am paid t the end of the month. I am paid a day rate for my work as it is live in so 24 hours a day. This is because each day varies. Some might be 10hours of work and some days might be 5hours. But I am live in so always on call basically hence the day rate.
No holiday is definetly not included in my pay packet. 

So how do they calculate what you are paid each month? if some days are 10 hrs another 5 on a day rate?

[Deleted User]

https://www.gov.uk/calculate-your-holiday-entitlement
https://www.citizensadvice.org.uk/work/rights-at-work/holidays-and-holiday-pay1/check-youve-got-the-right-amount-of-holiday-pay/
FWIW, I remember having a Home Care Assistant's job in 2012 at what would have been 8 years ago that had "rolled up holiday pay".  (I thought it was forced to stop shortly after I joined the care industry but I could be wrong) 

Comms69

Rolled up holiday pay is something that should not happen, but still does. My understanding is that this particular EU ruling is yet to be entrenched in domestic law; but governments have been strongly advised; and have hence provided strong advice against it's use.

OP you're entitled to 12.07% of your pay as holiday pay basically.

zim123

Hi all yes I get paid a day rate!
It is not rolled up holiday. 

I have not been paid holiday pay for 9 years as we didn't realise with me working my shifts it was required. We have now realised it is. 

I want to know can I get the previous 9 years of holiday pay entitled to me back ? 

bucksbloke

zim123 said:

I want to know can I get the previous 9 years of holiday pay entitled to me back ? 

If you went to court any claim would be limited. So you realistically can only claim the last six years. 
Have you never had any time off in the last nine years?

Comms69

zim123 said:

Hi all yes I get paid a day rate!
It is not rolled up holiday. 

I have not been paid holiday pay for 9 years as we didn't realise with me working my shifts it was required. We have now realised it is. 

I want to know can I get the previous 9 years of holiday pay entitled to me back ? 

How much is the day rate?

Can you get the last 9 years back? Well you can do so if your employer agrees of course. Otherwise it's legal action and in effect leaves you with no job. 

zim123

Thanks Comms69. My day rate is 100£
I am due to leave my job to go on maternity pay in July anyway. The employer has agreed to pay me but I am not sure exactly how much they will come up with a figure and so will I and we will negotiate. 
I would like to know if I am entitled to the last 9 years or if it's just the last 2 or something

zim123

@bucksbloke I have had time off but not been paid holiday pay for it. I works 2 weeks and off two weeks ( another carer takes over and then I return. This happens through out the year