Holiday Pay problems

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Hi guys, I am just looking for a bit of advice regarding holiday entitlement.

 

I currently work 24 hours over 4 days.

 

I have been with the business for 7 years, but the last 6 months has been with a new lease holder.

 

I have asked to sort out my holiday entitlement as it was a major problem under the previous owners and I only managed to get it sorted ONE week before the new owner took charge -when the lease was signed I was paid my outstanding holiday pay. It took me nearly 2 years to get them to recognize my entitlement. Now I am facing the same situation.

 

He is ADAMANT that I am wrong in asking for 5.6 weeks paid holiday per year and that (at the very most) i can take FIVE days paid holiday AFTER he has been in charge for ONE YEAR. The five days he is giving me as a good will gesture and not through legal entitlement.

 

When I first brought up the issue he went crazy, started shouting and calling me disrespectful. I know from a friend that following my enquiry he was looking to replace me!! Surely there has to be some legal precedent that could stop me being fired for this?

 

The situation is very difficult as the gentleman in charge is an Indian migrant who has never worked alongside a British employee - all previous employees have been of Indian descent and they were happy working 60+ hours per week for less than minimum wage. I am not

 

I want to get this settled as it has been 4+ years since I have taken any (considerable) time off and I hope that I can make use of my LEGAL entitlement to paid leave.

 

From what i can gather I am entitled to 22.4 days paid leave? is this right?

 

From a legal perspective what can I do to enforce my rights as an employee?

 

Given the current economic climate I cant afford to lose this job , but I am fed up being treated like an idiot.

 

any help and or advice would be much appreciated.

 

Thanks

[mariefab]

Well, you are correct in that you are entitled to a statutory minimum of 22.4 days paid holiday.

 

Your difficulty is that you can't prevent him from unfairly dismissing you.

If he does so, you can make an employment tribunal claim for unfair dismissal but you would need to evidence that the reason for your dismissal was because you tried to enforce a statutory right to paid holidays and, 'he said... I said...' probably wouldn't be enough.

 

So, you have a choice to make.

Either, you accept that he will only permit you to take 5 days paid holiday a year and maybe keep your current job.

Or, you make a formal (written) grievance outlining everything you have written here (giving dates where you can and writing what his response was) and while you hope that he doesn't dismiss you at least you will have documentary evidence that you raised the issue.