Daughters Employer Doesn't Give Holiday Pay

[Angelic]

Re: Daughters Employer Doesn't Give Holiday Pay

Yeah I'm still there, I get 'annual leave' but I want my BH's too!

Are Scottish Bank Holidays not different from English? (well, a couple of them anyway!)

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

Do you still work their Ang ? Are you getting holiday pay now ?

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

Ah -ha got you Angelic.

So you have lost out because they refused you holiday pay ? I'm not sure if it's legal for them to force you to use single days every 8 weeks within a bank holiday, i would be pretty sure they cannot force you to do that.

I do know that companies can "force" leave, but it is a very restricted law in that they can, for instance, close for 2 weeks in summer and force workers to take those 2 weeks as paid holidays out of their entitlement........... but i am sure it can only happen once or twice a year and has to be in blocks of week or 2 week....... 99% sure they cant force you to take 1 days holiday at a time all year. I'd certainly phone ACAS as it may have changed since my time on he payroll


p.s I was union rep for the factory i used to work at and loved nit-picking about every little thing we were entitled to so picked up a few tricks and knowledge along the way.

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

This is an interesting point...

I only work a Sunday and a Monday as I have a young family and I chose to go back to work part time. My employer told me that because I only work 16hours a week I'm not entitled to Bank Holidays...now, because I work every single Bank Holiday I questioned it to be told the same thing - It's not in my contract.

I went through my contract and there was nothing in it about BH's so I questioned it again and again was told no, you don't get them.

After over a year of working every BH ( inc Boxing Day, Jan 2nd etc) it turns out, they'd have paid me for a couple of hours for each BH day I could have taken but as you only get 8weeks to take them, I've lost them all

Bank Holidays confuse a lot of people and people think that when its a bank holiday monday they are entitled to it off if you were due to work.

Its not the case anymore. Bank Holidays are simply holidays the government "force" companies to give workers. Hard to explain but........

If you are full time you are given say 33 days holiday a year. This is made up of 25 days holiday PLUS 8 "forced" holidays reverting back to the time when we actuially had bank holidays !!! The bank holidays are not bank holidays, they are just holidays the same as the other 25 days. So, we need to ignore the wording "bank holidays" because they are almost extinct as a concept.

Angelic, you worked Sun/Mon. This means you work 8 bank holidays.

I work Tue/Wed and so don't work any bank holidays.

We both get the exact same days holiday because we work the same hours. We are both entitled to 10 days holiday per year. And this is how it should be.

Whenever talking about holiday pay its best to never think about "bank holidays" and just concentrate on actual days worth of holiday.

[Angelic]

Re: Daughters Employer Doesn't Give Holiday Pay

http://www.lawcentreni.org/news/rece...-pay-case.html

I'm gonna quit them sue them...sweet

[Angelic]

Re: Daughters Employer Doesn't Give Holiday Pay

You get 8 weeks to take back a BH that you've worked...mine go back over the space of a year and becuase they kept telling me I wasn't entitled to them, I've lost the hours I could have got back because I didn't take them within the 8week time limit.

I hope that makes a bit more sense!

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

Sorry Angelic, what do you mean you only have 8 weeks to take them ? Confuzzled me their.

Here's an interesting page, it's from Northern Ireland so not sure if 100% relevant but is encouraging nonetheless.

http://www.lawcentreni.org/news/rece...-pay-case.html

[Angelic]

Re: Daughters Employer Doesn't Give Holiday Pay

You can't use what you haven't been given.

This is an interesting point...

I only work a Sunday and a Monday as I have a young family and I chose to go back to work part time. My employer told me that because I only work 16hours a week I'm not entitled to Bank Holidays...now, because I work every single Bank Holiday I questioned it to be told the same thing - It's not in my contract.

I went through my contract and there was nothing in it about BH's so I questioned it again and again was told no, you don't get them.

After over a year of working every BH ( inc Boxing Day, Jan 2nd etc) it turns out, they'd have paid me for a couple of hours for each BH day I could have taken but as you only get 8weeks to take them, I've lost them all

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

Other than that its a case of my daughter putting up or speak up, and as she said its comes down to how much my daughter wants to keep her job.
.

Name and shame the pub and i'll try put in an anonymous complaint. The advice you have been given is ridiculous to me by the sounds of it. They are their to help and make sure you get what is rightfully yours !!!!!!, not tell you that there will be consequences if you stand up for your rights.

At the end of the day this employer is spending your daughters rightful earnings. End of story.


Pretty poor show. She should also have told you that if there were any repurcussions such as losing her job as a direct result of this then she would be able to go to a tribunal and win hands down. God, this has got me angry !!!!!!

[CherryCup]

Re: Daughters Employer Doesn't Give Holiday Pay

Thanks everyone for your replies, its nice to know that there is people who care.

Just a quick update.

I rang the NMW helpline they advised me to ring ACAS.

The lady who spoke to at ACAS was helpful in one way but totally confused me in another way. Yes my daughter is entitled to holiday pay, but how its worked out has confused me it depends on how many hours my daughter has worked and if they are on set shifts, these are classed as contractual. Even though my daughter doesn't have a contract, because of a set shifts that in itself in contractual.

But then the lady went on to talk about casual workers whom are still entitled to pay but the entitlement is worked out in a different way.

Because my daughters employers do not recognise any holiday, they will not have an annual holiday period example April to April. As my daughter started work September 2007 her holiday would run from September to September.

Other than that its a case of my daughter putting up or speak up, and as she said its comes down to how much my daughter wants to keep her job.

I have had an idea (my brain is frazzled today) how to take another approach but I don't really want to give out too many personal details on an internet forum.

[swanfan]

Re: Daughters Employer Doesn't Give Holiday Pay

Hi Cherry

I found this quote on the CAB:-

If your employer refuses to pay you holiday pay, you can ask an employment tribunal to enforce your rights. You may be able to make a claim for all your unpaid holiday pay, even if it goes back for more than a year. You must make a claim within three months of the last date you were not paid holiday pay.
If you are owed holiday pay, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau.

Taken from here--> http://www.adviceguide.org.uk/index/...oliday_pay.htm

[MrsD]

Re: Daughters Employer Doesn't Give Holiday Pay

Billy's right, eventually someone has to stand up and be counted. Does your daughter not have a friend who works there, they could perhaps stand together? Alternatively, your discreet phonecalls may do the trick, fingers crossed.

[billypre]

Re: Daughters Employer Doesn't Give Holiday Pay

I know how much my daughter still needs this job.

This is the exact reason businesses get away with treating people like this. Someone has to make a stand and fight for whats right. It can make things very awkward in the workplace.......... but if it done anonymously then no-one will know and there won't be any sackings etc.

As Jen said above, even if worse came to the worse then the law would again be on your daughters side.

[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.

[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.