HELP not been paid holiday pay for 9 years

Comms69

zim123 said:

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

I dont understand, are you not returning to work once maternity is over?
That day rate sounds like it might put you below NMW too. 

I would say that it's complicated. Technically statute of limitations is 6 years. But you werent prevented from taking annual leave. In theory you could have requested it, and the issue resolved 9 years ago. 

Someone may have a clearer answer

zim123

Thanks yes it is complicated.  

No not returning as I do live in care work and can't bring a new born baby on a 14 day shift. 
I didn't request it as I wasn't aware ( yes my fault ) I was entitled to it. And when I started the job I was told that there wasn't holiday pay so employer was also in the wrong. 

bucksbloke

You would only be entitled to up to six years holiday by legal means

Comms69

zim123 said:

Thanks yes it is complicated.  

No not returning as I do live in care work and can't bring a new born baby on a 14 day shift. 
I didn't request it as I wasn't aware ( yes my fault ) I was entitled to it. And when I started the job I was told that there wasn't holiday pay so employer was also in the wrong. 

No of course i wasnt suggesting bringing the baby, but in fairness outside of nursery workers, i cant imagine anyone brings a baby with them when they return to work, generally child minders, partners, family etc pick up the slack.

zim123

Thanks @bucksbloke

@Comms69 no it's not really an option I'm afraid as my live in care job is 5 hours from home and my partner and family all work so couldn't ask them to take up that much responsibility for my child. I will find other work nearer to home with more stable regular hours. 

Okay so legally even if it's  6 years that's way better than the 2 years I thought it was. 

Comms69

zim123 said:

Thanks @bucksbloke

@Comms69 no it's not really an option I'm afraid as my live in care job is 5 hours from home and my partner and family all work so couldn't ask them to take up that much responsibility for my child. I will find other work nearer to home with more stable regular hours. 

Okay so legally even if it's  6 years that's way better than the 2 years I thought it was. 

just keep in mind that what you're entitled to also depends on both your determination to take this through the courts, and the ability of your employer to pay. 

Not trying to put you off, just saying that courts are stressful (and currently backlogged) and you cant get blood from a stone.

nicechap

zim123 said:

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

£100 a day, with no pay rises for 9 years? Whether you work 5 hrs or 10hrs, and you're on call for all 24 hrs? for 14 days in a row = annual salary of £18,200?

A simple calculation would be 9 yrs x 22 days x £100 = £19,800.

A more realistic would be 6yrs (max time to make a claim) x 22 days x £100 = £13,200.

Whether they could afford this is another question.  Plus you would have to pay tax & NI & pension contributions from it.  

I suspect this will come down to a compromise agreement, where the two of you just agree a figure, put it behind you and get paid properly for leave from here forward.

zim123

Thanks @nicechap yes would like to avoid legal fees and courts and so would they so I am sure it would come to a compromise which I. Happy to do. We would both like to leave on good terms. 

May I ask how you worked out how I am entitled to 22 days holiday per year . My employer was saying since it's 28 days per year and technically I work half the year it would be 14 days. 

Comms69

nicechap said:

zim123 said:

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

£100 a day, with no pay rises for 9 years? Whether you work 5 hrs or 10hrs, and you're on call for all 24 hrs? for 14 days in a row = annual salary of £18,200?

A simple calculation would be 9 yrs x 22 days x £100 = £19,800.

A more realistic would be 6yrs (max time to make a claim) x 22 days x £100 = £13,200.

Whether they could afford this is another question.  Plus you would have to pay tax & NI & pension contributions from it.  

I suspect this will come down to a compromise agreement, where the two of you just agree a figure, put it behind you and get paid properly for leave from here forward.

You've said 22 days, and it might be obvious, but why?

Ive got the figures at 19,770.66‬ and 13,180.44‬ (which is fairly close to yours anyway to be fair)

nicechap

Well, it could vary according to the hours/ days actually worked but as I put in my first post, 22 days.  

182 days x 12.07 % = 21.96 days rounded up.  Other methodologies are available.

14 days is definitely wrong.  Although you work half the year, in a 4 week period you work 14 days, where as a 9-5 office bod would work 20 days.  28 days is the full time entitlement and whilst you're not full time (although if you count it in hours you could be) you are entitled to the proporitionate amount of 28 days  leave per year.