Holiday pay?

bry54

I'm retired but go beating on shooting estates throughout the season , one estate I beat for has paid me holiday pay this year , the other estate I beat for since 2006 does not pay holiday pay , we receive 5.5 hours at the national minimum wage rate ,the money being paid into the bank monthly and taxed and a P60 sent at the end of the tax year , I've tried to clarify this with ACAS but they weren't much help.
Has anyone any comments please?

Brie

It's illegal to not receive holiday pay.  Some employers handle this by adding it on to your pay as you go along (so whatever hourly rate of at least minimum wage plus a percentage for holiday pay).  It doesn't matter if you are work 1 hour a month or are full time they must pay holiday pay.

I wondered if you were not classed as a "worker" but I can't see anything that would exempt you.  Maybe you need to talk to your employer although in truth they may decide your services are no longer required.  But they still would need to pay you.....

Employment status: Worker - GOV.UK (www.gov.uk)

bry54

Many thanks,  I've spoken to the accountant and he said it was included in the hourly rate but as it's minimum wage it can't be , he also said I'm classed as a casual worker although I've never received a contract.

General_Grant

bry54 said:

Many thanks,  I've spoken to the accountant and he said it was included in the hourly rate but as it's minimum wage it can't be , he also said I'm classed as a casual worker although I've never received a contract.

Even if it were included in the hourly rate they have to tell you what it is.
The casual worker/contract aspect doesn't have a bearing on the fact that you were due holiday pay.

wigglygiggly

Rolled up holiday hasn't been lawful for many years. If you are on minimum wage and they say it's included, they are in effect breaking the law by paying you less than the minimum wage. Speak to ACAS if you need clarification.

lincroft1710

How many hours a year do you work?

Savvy_Sue

wigglygiggly said:

Rolled up holiday hasn't been lawful for many years. 

It has remained legal in certain specific situations, as long as it the two rates are shown clearly (so I guess you might argue "that's not rolled up" - but what I mean is that holiday payments can be made as you go along, rather than when you actually book leave. DH, for example, does some casual hourly paid work and receives one payment of his hourly rate x no. of hours worked, and another for holiday pay which is a % of hours worked x hourly rate. 

wigglygiggly said:

If you are on minimum wage and they say it's included, they are in effect breaking the law by paying you less than the minimum wage. Speak to ACAS if you need clarification.

Agreed that if you are on minimum wage, your holiday pay can't be included within that: it would always have to be an additional payment of some kind!