Work illegal deductions

[shortwoman68]

I am currently working as a bank worker at a job which I left and then returned to. They have messed up my pay over the first few months however they state in my contract I would recieve £10 per hour but are not paying me this amount as they are deducting 'holiday pay' or 'holiday relief hours' from me. As a bank worker I work as and when they need me therefore I do not take holidays. I have queried this and a colleague who puts in my hours has done the same but to no avail, they continue to deduct this amount. The total deductions from Feb to April is £234.84. What can I do?

[citizenB]

I have moved you over to the Employment forums, I think you might attract more attention there.

 

You need do nothing, it is purely an administrative move

[honeybee13]

Hello there.

 

What does your contract say about holiday pay/holiday relief hours please?

 

HB

[Emmzzi]

money claim online to take them to small claims court?

 

but put your request for clarification in writing first.

 

And be prepared that they will not use you again.

[goodatresearch]

What are they actually saying these deductions are for?

 

Do you receive holiday pay on a pro rata basis? You are legally entitled to it and they cannot legally now roll it in to pay.

[shortwoman68]

I have just read my Contract of employment which is termed 'Casual Worker Agreement'. My contacted hourly rate is £10.14. It states under Annual Leave and Holiday pay 'Due to the unpredicable nature of Casual Working, Cambian provide a payment in respect of annual leave. It is accepted that annual leave is taken between assignments and therefore there is no requirement to make a formal request for annual leave. Holiday pay is paid at the same time as your hourly rate and will be indentified on your pay slip as such.

 

'As a casual worker, I accept I am not entitled to any Company benefits and that this agreement can be terminated at any time without notice by either party'.

 

As a 'casual worker' I have never known anyone to take a holiday as you only get paid when you work. If you are going to take a holiday, you call in and state that you will not be in. You are never paid for it. I did not notice that they were removing monies from me for this purpose and I would like it returned. If I do not take any holidays, they will keep the money.

 

What can I do as this money is accumulating on a monthly basis.

 

I previously worked with this company for over 3 and a half years as a permanent member of staff however returned part-time as they were unable to find anyone to fill my post and as I was at college, I am not entitled to any funds.

[goodatresearch]

This is what's called rolled up holiday pay and had been rule unlawful l by the ECJ as its contrary to the working time directives (see also Caulfield v Harrison clay products ltd).

 

What's more, an employee cannot agree to contract out so what the contract says is irrelevant. They owe you money.

[shortwoman68]

Thank you so much goodatresearch.

 

I have requested my money back on more than one occasion but this has fallen on deaf ears. How would I compose a letter to this affect using the ruling you have stated???

[Emmzzi]

are you sure it is a deduction, as it sounds like they are just "noting" it on the payslip?

[shortwoman68]

Yes they are noting it on my payslip as Holiday Relief Hours and depending on how many hours I work, the deductions range from £62.77 - £76.89.

[Emmzzi]

can you do us a sample pay slips?

 

hours worked x hourly rate = gross pay

 

then list tax, NI, holiday deductions, and anything else they take off

 

then the net pay you get in the bank?

[shortwoman68]

Actually you are correct, after reading through my pay slip I have noticed that they have not really deducted anything eg. Basic Relief Hours = £519.02 + Holiday Relief Hours = £62.77 Total £581.79 which is the total pay received. Thank you for making me take another look!

[Emmzzi]

it's better to know for sure you are not being done!! hope your mind is at ease now.