Employer refuses to pay holiday pay

[sheldonrobbo]

I work for a newsagents and my employer has told me he doesn't pay holiday pay as he is only a small business and can't afford it. He said i was told this when i started work for him nearly 2 years ago. What are my rights and what can i do??

[Surfer01]

He is obliged to give you paid holiday leave of a minimum I think of 25 days per year excluding public and bank holidays and can be in serious trouble if he doesn't.

[sheldonrobbo]

so who do i report this too??

[doctorwho67]

can someone give me some advice regarding bank holiday pay?

I work full-time 40hrs/wk on a shift basis over the 5 days (M-F).

Every time there is a bank holiday, we have the day off but our 40hrs are divided into the rest of the 4 day week, is that legal? Basically I am still working 40hrs every week.

The same thing happens when I take a day out of my annual leave, I am ask to work my 40hrs over the rest of the 4 days left in the week.

[Conniff]

Do you get paid extra on these weeks you have to work extra hours?

[doctorwho67]

i do not get paid extra for those weeks and nor does the other staff that i have spoked to.

[Conniff]

Then yes you are being seen off, you are in effect not being given paid holiday.

Give acas a ring Monday–Friday, 08:00–20:00 – 08457 47 47 47

 

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[honeybee13]

Sheldonrobbo, how many hours a week do you work please? The ACAS website could help you too, btw.

 

Doctor Who, you probably ought to start your own thread about Bank Holiday pay, because you have a different query from sheldonrobbo.

 

HB

[mariefab]

I work for a newsagents and my employer has told me he doesn't pay holiday pay as he is only a small business and can't afford it.

 

As an employee you are currently entitled to the statutory minimum paid holiday entitlement of 5.6 weeks per year.

 

The fact that your employer is a small business and feels that he can't afford it doesn't allow him to breach employment law.

 

He said i was told this when i started work for him nearly 2 years ago.

 

Have you taken any holidays since starting this job?

If so, were they unpaid?

 

What are my rights

 

As stated above at least 5.6 weeks paid holiday.

The relevant legislation is the Working Time Regulations.

 

and what can i do??

 

1. What you could do first is print off some of the information in the link below, from the government's website, show it to your employer and see if you can sort it out informally.

 

Holiday entitlements: the basics : Directgov - Employment

 

2. If that doesn't work, you can write a formal grievance letter about this matter.

 

3. If the grievance doesn't resolve things then you could make an Employment Tribunal claim. The Tribunal will (eventually) order that your employer comply with the law and pay you for your holidays.

 

We can help with 2 & 3 if necessary.

[sheldonrobbo]

I have had no holiday pay since i started the job ....but when i confront my employer he tells me i'm lucky to have a job which i take as a veiled threat that if i make too much fuss i could be sacked.....as i don't want to lose the job .....is there any other action i can take....

[Surfer01]

If the employer sacks you because of what is rightfully yours by law, then you could take them to a tribunal and hit them really heavy. They probably would have to pay your holiday pay and maybe up to a years wages plus redundancy if you have been ther more than 2 years.

They are breaking the law no doubt about that and they are playing on ignorance hoping that you will drop it.

 

Pursue this as at even minimum rates holiday pay for the 2 years I think this amounts to almost £1600 after deductions.