Holiday entitlement 22 January at 3:58AM in Employment, jobseeking & training 7 replies 281 views

von

I’ve just found out that my husband’s employer has only been paying him 2 weeks holiday pay + Bank holidays for years and has never given him the correct holiday entitlement. My husband mentioned it to his boss (it’s a small company) last year and his boss told him around middle of September last year that the was entitled to 28 days (his leave year ends at the end of September) so he was told it was too late to take it. His boss has now said he got it wrong and he was only actually entitled to the original 2 weeks + Bank holidays as he is classed as a franchise. He’s not a franchise as he is PAYE, his employer pays towards his pension scheme and they paid him furlough, so surely he’s not a franchise, is he? Not sure where to go from here? Please help.

Bobbobbobingalong

What does his “contract” state? That is your starting point and broadly outlines the terms and conditions both parties agreed to honour.

Undervalued

von said:

I’ve just found out that my husband’s employer has only been paying him 2 weeks holiday pay + Bank holidays for years and has never given him the correct holiday entitlement. My husband mentioned it to his boss (it’s a small company) last year and his boss told him around middle of September last year that the was entitled to 28 days (his leave year ends at the end of September) so he was told it was too late to take it. His boss has now said he got it wrong and he was only actually entitled to the original 2 weeks + Bank holidays as he is classed as a franchise. He’s not a franchise as he is PAYE, his employer pays towards his pension scheme and they paid him furlough, so surely he’s not a franchise, is he? Not sure where to go from here? Please help.

So you are saying he only got a total of 18 days paid holiday a year and not the statutory 28 (assuming he works full time)?

I think to offer any useful advice would need a better understanding about the "franchise" situation and why the employer might (rightly or wrongly) believe that is the case.

Yes, assuming he is a straightforward full time employee the minimum entitlement is 28 days. Often that is thought of as 20 days plus bank holidays but technically the entitlement is simply 28 days and bank holidays are irrelevant.

von

Hi, he doesn’t have a contract. Surely the fact that he is on the payroll and he was paid furlough means he is not a franchise? We weren’t aware that it was a franchise until my husband asked about his holiday pay entitlement. So if there’s no franchise contract or paperwork how can he now say it is a franchise?
Also, he has been paying him holiday pay for years, although not enough. 

Undervalued

Very few "contracts", employment or otherwise, have to be in writing to be valid. Obviously it is much easier, in the event of a dispute, if they are but a verbal agreement is generally just as enforceable.

I am not an expert on franchises but, as I said earlier, you need to understand the "employer's" reasoning then investigate whether they are right or wrong.

penners324

Sounds like the employer is trying to baffle him with nonsense.

Reference to 'franchise' is nonsense 

Undervalued

penners324 said:

Sounds like the employer is trying to baffle him with nonsense.

Reference to 'franchise' is nonsense 

Quite possibly but there really isn't enough information to be certain.

General_Grant

von said:

I’ve just found out that my husband’s employer has only been paying him 2 weeks holiday pay + Bank holidays for years and has never given him the correct holiday entitlement. My husband mentioned it to his boss (it’s a small company) last year and his boss told him around middle of September last year that the was entitled to 28 days (his leave year ends at the end of September) so he was told it was too late to take it. His boss has now said he got it wrong and he was only actually entitled to the original 2 weeks + Bank holidays as he is classed as a franchise. He’s not a franchise as he is PAYE, his employer pays towards his pension scheme and they paid him furlough, so surely he’s not a franchise, is he? Not sure where to go from here? Please help.

What type of work does your husband do?
Is the employer the holder of a franchise?