can they refuse to pay you for holidays

kurjam

i have been for an interview today , i expected to be told you get 4 weeks paid holiday um no!!

they are a small company, just one shop they own.
they do not pay holiday pay as they have to pay another person to do my work while i am on holiday..

surely this is breaking the law i thought everybody got 4 weeks paid holiday regardless of job.
can i report them and if so who do i report them to ?
thanks

Fizog

Er no. Try this link https://www.delni.gov.uk/index/er.htm will give you all the info re: employment rights for employers and employees and probably who to complain to.
Good luck

ceridwen

It is definitely breaking the law - right now its 4 weeks and 4 of the Bank Holiday Days that is yours by legal right pa.

I believe its early next year that it will be 4 weeks and all 8 Bank Holidays that are yours by legal right.

If they are trying to break the law right at the outset - and so obviously - I wouldnt like to think what else they might try after you have started work for them!!

LittleVoice

Hi, Ceridwen

The extra "4 days" a year (since 1 October 07) is technically 0.8 of a week. The next increase will be from 1 April 2009 for a further 0.8 week, then bringing the total to 5.6 weeks.

The total of the additional 8 days (additional to the 4 weeks previously allowed) for a full-time person is to include time for the bank holidays which some employers were counting in the 4 weeks. However it does not mean that people are or will be entitled to those actual bank holidays, only that the equivalent time is included in the annual paid leave entitlement.

The reason why technically the holiday is described as being in weeks rather than days is that makes the calculation of paid holiday for part-time staff easier. That is, if you work 3 days a week you get (currently) 3 x 4.8 = 14.4 days (probably increased to 4.5 days) as paid holiday.

LittleVoice

kurjam wrote: »

i have been for an interview today , i expected to be told you get 4 weeks paid holiday um no!!

they are a small company, just one shop they own.
they do not pay holiday pay as they have to pay another person to do my work while i am on holiday..

surely this is breaking the law i thought everybody got 4 weeks paid holiday regardless of job.
can i report them and if so who do i report them to ?
thanks

If you get the job offer and want to work there, you could begin work and then assert your right to statutory paid holiday. If they won't give you that paid leave (at your correct rate of pay), you can complain to an Employment Tribunal.

If you tried to point out the error in their position regarding holidays before you started, they might decide to lower the pay offered (unless it would then be below the minimum wage).

ohreally

As LV has correctly advised, remedy would be sought through an ET.

LittleVoice

Labman wrote: »

....they can 'dispense with your services' in the first 12 months without much of an explanation though...

But if the employee had tried to assert a statutory right (in this case the right to paid leave), I think the situation would be rather different.

kurjam

they are offering more than the minimum wage, maybe i could complain to the authorities but not tell them who i am, but we will see as i find out today or tomorrow if get the job..thanks all for your help !!

snails's_pace

you need to read up on the "working times regulations", these regs are what companies have to comply with by law.

Savvy_Sue

Yes, but the WTR have NOTHING to do with an employee's entitlement to paid leave!

Yes, they have to pay someone to cover shifts whenever someone's not there, and that person is also entitled to holiday pay, but that's life! And they need to deal with it!

sarahlouise210

I would have serious reservations working for an employer that was so inflexible let alone breaking the law. If you need the job and get it them maybe look around for another one to hedge your bets - what happens when you are sick, or need to go to a funeral etc ??