Daughters Employer Doesn't Give Holiday Pay

[CherryCup]

This is my first post, so please be gentle with me.

My daughter started working in a local pub as a waitress on a weekend three and a half years ago. She was then still in school.

A couple of months before her 18th Birthday the landlords trained her for bar work. My daughter went onto college but still worked two or three shifts every week

She has also worked some weeks full time to cover the landlords wife whilst shes away on holiday.

There has been lots of staff coming and going over the years all of whom were like my daughter and fairly young.

A couple of people have asked about holiday pay and had been told that because they do not have a contract they have no rights to holiday pay nor sick pay. You can better your bottom dollar that those who have asked left a few weeks later.

They don't have a contract but they do get wage slips every week so its is most certainly not a cash in hand job. She also gets an annual P60.

My daughter has always received the minimum wage. She's had to odd time off over the years through sickness but does not like to because when she doesn't work she doesn't get paid.

She loves the job and the regulars as it is a small country pub in a small village. Another reason she stays there is because if she looked for other work she would then have to pay for travel which working part-time and due to distance her expenses would be taking a big chunk out of her wages.

I am just looking for some general advice to see if the landlords are correct in not paying holiday pay or sick pay. If they are wrong what can my daughter do if anything and still be able to work there.

[oscar]

Re: Daughters Employer Doesn't Give Holiday Pay

As far as I am aware, only slef employed people are not entitled to holiday pay. With "casual" workers - I am assuming this is what your daughter would be classed as with how pub hours usually work, holiday pay entitlement is obviously prorata'd and the amount should be the average from the previous 12 weeks. (assuming it is a week she takes)

This may have changed since I last looked into it, so dont go all in guns blazing just yet!!

[MrsD]

Re: Daughters Employer Doesn't Give Holiday Pay

my children both worked their way through uni on a similar arrangement. DS is still doing it. They were both always paid holiday pay, not a fortune as they were on minimum wages but still paid. They also received improved time for working public holidays, Christmas etc. I think your landlords could be taking the piss..............

[oscar]

Re: Daughters Employer Doesn't Give Holiday Pay

Taken from direct.gov.uk - HERE
Casual or irregular working patterns

If you work casually or irregular hours it may well be easiest to calculate the holiday entitlement that accrues (accumulates) as hours are worked. The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of the hours you worked. The 12.07 per cent figure is:
5.6 weeks' holiday, divided by 46.4 weeks (being 52 weeks - 5.6 weeks) multiplied by 100 = 12.07 per cent
The 5.6 weeks have to be excluded from the calculation as you would not be present during the 5.6 weeks in order to accrue annual leave. For example, if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:
12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes
The holiday entitlement is just over seven minutes for each hour worked.

[jen_br]

Re: Daughters Employer Doesn't Give Holiday Pay

Typical small village landlord lol-- yes she gets holiday pay. Sick pay is different.

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi thank you all for your replies x

I didn't want you all to think that I have asked a question and ran. I have to pop out today but will come back to you all soon.

Thanks again x

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

I have had a quick talk to my daughter today before she went into work this afternoon to do an extra shift.

She has informed me that some time last year another young lad working in the pub raised questions about holiday pay and asked for a statement of contract (forgive me if thats not the right wording). A couple of weeks later the lad no longer worked there and it seems an excuse was made for the lad no longer being needed.

Roughly over the last year or maybe more my daughter has worked between 18+ hours per week.

I wouldn't dream of going to her employers with guns blazing, although I do feel like it but I know she needs this job.

I am just not sure what to do next or how she can approach the landlords without jeopardising her job.

I just want what my daughter is entitled to, and also for all the other young ones that work there.

What made me think that they could be wrong in not paying her holiday pay is that my youngest daughter got a seasonal job over christmas in a supermarket for around 3 months work and in her last pay she received holiday pay.

I am thinking out loud here now, but I seem to recall her wage slips get delivered to the pub each week. So maybe the brewery is the place to ring?

Any further advice would be appreciated. I feel that I have let her down allowing her to work there three and a half years and not realising about holiday pay.

[MrsD]

Re: Daughters Employer Doesn't Give Holiday Pay

och no Cherrycup, you would expect the pub to do the right thing. I would say check with the HO is there is one. My kids worked for a big company and everything came from HO there too.

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

Anonymous tipoff to the relevant authority (not sure which department deals with these things.... DWP spring to mind) Probably the same people who you would report non payment of NMW.

You may find she will be entitled to back dated pay.

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Thanks for your replies again

Evenlessdopey, I will ask to see my daughters pay slips and see if they show any more information.

billypre, I was thinking on the same lines. A little nudge nudge wink wink to the right department could set things rolling. I should maybe ring the line about not getting paid the NMW if thats not the right department hopefully they may point me in the right direction.

It would be a brilliant help to my daughter if she could get some of it backdated, even if it wouldnt be a fortune to some people it would certainly feel that way to her.

[jen_br]

Re: Daughters Employer Doesn't Give Holiday Pay

Yea its funny when you ring the local tax office what they can do. or the tribunal officer

Now your daughter may not be entitled to backpay because i know a lot of employers use a "use it or loose it" scenario but you never know.

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Yea its funny when you ring the local tax office what they can do. or the tribunal officer

Now your daughter may not be entitled to backpay because i know a lot of employers use a "use it or loose it" scenario but you never know.

Hi Jen

If my daughter gets anything at all back it will be a bonus and not just for her but the other staff that works there.

I shall be making a few phone calls tomorrow and will post back with an update.

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

Now your daughter may not be entitled to backpay because i know a lot of employers use a "use it or loose it" scenario but you never know.

You can't use what you haven't been given. Same as NMW, i am sure fines are imposed and pay backdated.

Found a useful article below on casual workers and irregular hour workers. Your daughter is definitely entitled.

http://www.businesslink.gov.uk/bdotg...type=RESOURCES

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Thanks for that link Billy.

A relative found a similar link to yours last night. There was a holiday entitlement tool we used, even putting in my daughter worked only 14 hours per week, which is slightly less than she has usually works taking into consideration the couple of shifts she missed due to a minor operation, she has missed out somewhere in the region of £330. That is for this tax year alone.

I have looked at her wage slip it shows all the relevant things you would expect, however where it states employer there is 2 surnames which I expect will be the landlord and landladies surnames and also the name of the pub. This makes me wonder if it is not attached to a brewery which I thought it did. Every week they have to wait until the payslips are delivered before they can be paid.

I feel really nervous today about making some telephone calls, as I know how much my daughter still needs this job.

[jen_br]

Re: Daughters Employer Doesn't Give Holiday Pay

If she gets fired for something like this she will have cause to go to a tribunal- remember she has passed a probation period there has to be a notice period and cause to sack her.