Holiday pay....is it true?...

shellsuit

That when an employer pays holiday pay, they look at the average amount of hours worked within the last 3 months (before taking the holiday) to work out a total to pay?

I've been working in the same job for a year now and I'm off on my hols on Saturday for a fortnight.

I took a week off in the kids summer holidays and he only paid me for 16 hours and although I thought it was wrong, I didn't question it as I was just glad to have the time off.

I've got a feeling I'm only going to get 16 hours worth of pay again for each week I'm off, even though for the last 5 months I've been working at least 24 hours. Some weeks I've been working a full week, but I haven't worked 16 hours for months now.

My boss is such a tightwad, so it wouldn't suprise me if he paid me 16 hours X 2.

I just wondered what he should be paying me.

pandas66

It depends on your contracted hours, I do flucuate my hours from a minimum of 26hrs to 40hrs so I worked out holiday pay of 34 hrs. But it was negotiated before I took my holiday.

shellsuit

Hi Panda,

I don't have a contract! I work in a shop with no organisation at all. Boss doesn't give a stuff about his employees, it's dangerous and unhygenic but it pays the bills.

When I started last year (sep 24th) I asked about holidays and was told that for every 3 months you are there, you get one week off. THEN I was told, holidays run from January to January, so I lost out on a week last year Grrrrrrr.

If he only pays me 16hrs X 2, I want to be able to tell him it is wrong because.....(whatever the reason is it is wrong)

I'm not sure if he can pay me the 16 hrs and get away with it, or there is something legally he should be doing.

If he says to me 'well you started here working 16 hours and that's all you're going to get', can he get away with that?

pandas66

yes
unless you can prove your 'contracted' hours are more but your taking a fight on. You entitled by law to have a contract of employment which sets out all your working terms and conditions. How you tackle him on this though is a different matter. How do you find him? aggresive or approachable? Time for a new job?

shellsuit

He's approachable but will always find an excuse to get out of something.

Basically he doesn't care so long as there is money going into the till and customers to be served.

Looks like I'll be living on £156 for the fortnight then (Yep, I'm on minimum wage)

pandas66

well if you have a ll your pay packets stating your hours I'd give it a go, but then I am like that, remember if you don't ask you won't get and he can't deduct anything for your cheek, nothing to loose in my book!

shellsuit

I do have all my pay packets....I'll work out what I've done over the last 12 weeks and produce my calculations to him on Friday when I get paid.

I won't care if he gets in a strop as I won't have to see his face for a fortnight lol

Thanks for the advice Panda!

pandas66

Your welcome, just one last bit though work out which is better for you, I think you said you get 5 weeks paid holiday, is that plus bank holidays or included. Your minimum is 1.5 days per month INCLUDING bank holidays, anymore is over and above.

shellsuit

4 weeks paid holiday we get (1 week for every 12 weeks worked).

I don't work on a Monday so I have nothing to do with the bank holiday days off.

The others that work there on a Monday get the Bank Hols off as well as their 4 weeks a year.

pandas66

theres Xmas, New year, good friday

shellsuit

We get paid for those, he doesn't take them out of our 4 weeks holiday.

Suppose it's not too bad then hey?

I'll see whats in my wage packet on Friday anyway, I won't be too bothered, off to Menorca on Saturday!!:j

Off to bed now, work tomorrow *groan*

Thanks for all your help Panda, I really appreciate it :):)