Lost Holiday Pay

[benno7]

I work for a driving agency and had accrued 9 days of holiday pay. When I went to claim the holiday pay I was told that I had lost them because I didn't request them before my anniversary date. The issue I have is that I was given no advance warming that I should take them soon or lose them. I'm not based in their office 5 days a week - I'm out on the road working for many different companies. Am I really supposed to keep on top of this. Shouldn't I at least be notified to warn me, maybe a couple of months before?

[elpulpo]

Do you have a written statement of particulars of employment, or an employment handbook, that sets out the terms of holiday provision?

[benno7]

Do you have a written statement of particulars of employment, or an employment handbook, that sets out the terms of holiday provision?

 

There is a written terms of employment, but I wasn't given one to take home. I'm sure they can do what they did - but it's hardly fair.

[elpulpo]

Your employer should provide you with a statement of the particulars of emplyment, that you hold in your possession. You could argue therefore that you were unaware of the rule regarding holiday pay, and should be able to take the holiday or at least claim the pay.

Arguably, they should ensure that you take the holiday. What is your holiday entitlement? The legal minimum is 5.6 weeks. If they took no action to at least approach you and point out that the deadline for taking this holiday was nearing, again you could argue that they have failed in their statutory provision.

[benno7]

Your employer should provide you with a statement of the particulars of emplyment, that you hold in your possession. You could argue therefore that you were unaware of the rule regarding holiday pay, and should be able to take the holiday or at least claim the pay.

Arguably, they should ensure that you take the holiday. What is your holiday entitlement? The legal minimum is 5.6 weeks. If they took no action to at least approach you and point out that the deadline for taking this holiday was nearing, again you could argue that they have failed in their statutory provision.

 

I don't work 5 days a week for them , so my holidays amounts to only 9 days. I was told to be more 'pro active' in checking my cut off date. They must be saving a fortune every year by treating their contractors like this. To be honest it doesn't seem like I can do much about it.

[elpulpo]

How many hours/days a week do you work?

You can argue, whether you get anywhere is a different matter. How long have you worked for them?

You're definately an employee?

[benno7]

How many hours/days a week do you work?

You can argue, whether you get anywhere is a different matter. How long have you worked for them?

You're definately an employee?

 

I work on average about 12 days a month, 8 hours a day. I've been there 3 years & they pay my tax and NI.

 

UPDATE: they have offered to pay me 5 days now, which is better than losing all 9 days. But, I still think there should be procedures in place eg a reminder on the pay slip

[elpulpo]

If you're consistantly working 12 days a month, I'd say your holiday entitlement is a lot more-

3 days a week * 5.6 weeks = 16.8 days leave a year.

[helencb]

I work on average about 12 days a month, 8 hours a day. I've been there 3 years & they pay my tax and NI.

 

UPDATE: they have offered to pay me 5 days now, which is better than losing all 9 days. But, I still think there should be procedures in place eg a reminder on the pay slip

 

I have never worked anywhere that gives reminders! Always keep your own records and book them up early

[teaboy2]

Elpulpo is spot on, if your working 12 days a month then as Elpulpo said, you are entitled to 16.8 days (17 days when rounded up) per year in holidays. So you are not being given your statutory holiday entitlements. You need to chase them up on this and get your holiday back dated for all the time you have worked there for all the holidays you should have had but did not get. But off course, its entirely up to you if you want to chase them for it or not.