Confused about compulsory days off

[clemma]

My other half works Mon-Fri. He was told he had to have Xmas and Boxing day off as they were shut down (so no body worked). I always thought that these days should have been paid days off, and my other half was under the same assumption. This assumption was based on the fact that he was told he didn't need to put them through as holidays. Now it seems he hasn't been paid for them leaving us 2 days short on his wage packet. Anyone know about this?

[Emmzzi]

Your employer has a right to tell you when to take holidays but assuming they are bewing used as part of your holiday allowance they should be paid. I would just clarify with the employer that you want them as paid holiday.

[becky2585]

Unless of course there is a lay off clause in his contract, which arguably could entitle them to not pay him.

 

He would possibly still be entitled to a guarantee payment, though.

[clemma]

What's a lay off clause?

 

His manager told him that he didn't need to put holidays in as he would be paid. Turns out not one member of staff was paid these two days. His manager is trying to find out what's happened.

[becky2585]

It's a clause allowing an employer to lay its staff off without pay for periods of time where the workplace is closed or where there is a reduction in work.

 

The other thing is to check the wording of his holiday entitlement in his contract - ie if it states he is entitled to 20 days plus statutory bank holidays, he's entitled to pay regardless.

[clemma]

It's 28 days and he works all bank holidays apart from Xmas and boxing day. He was just told he couldn't work them 2 days as they were closed. There is no lay off clause.

[mariefab]

When does the Company's holiday year run from and to? e.g. Jan-Dec, Apr-Mar etc.

I'm just wondering whether he'd already used up his holiday entitlement for the year (if it's Jan-Dec), because that would explain why those 2 days were unpaid.

[clemma]

Nope, he's had no holidays at all since starting in August.

[mariefab]

You'll have to wait for an explanation from the employer then.

My guess would be that his manager assumed, or was informed, that holiday forms needn't be completed because of the shutdown.

However someone forgot to mention the need for those 2 days to be paid as holidays to the person responsible for payroll.

[Feebee_71]

If no-one was paid as per one of the posts it sounds as if someone managing the system didn't ensure that the correct information was passed on to those lower down the company

 

Hopefully, as no-one has been paid for those 2 days, they will be able to adjust things and everyone will receive the 2 days money with their next payment.

 

Feebee_71