Employer does not offer full holiday pay - please advise.

[Sajdood]

Hello,

 

I am working my first real full-time job after graduating from university in 2014.

 

I started on December 1st 2014 and have so far taken 10 days off on holiday. I have another 4 days booked off.

 

My employer has indicated that he is unable to give any further holiday and I will not be paid for the remaining 14 days holiday this year.

 

I have tried to make an arrangement with my employer whereby they offer a day off here and there (as my employer has stressed that they cannot be short-staffed for black periods) so that my 28 days holiday is reached however this seems unlikely. I say this based on the fact that my colleagues have suggested that in the past, they have generally not been given anything more than 10 days or extra pay to make up for the holiday not taken. If I am honest, both the owner and general manager of the company seem shady over the issue of holiday pay. The owner has also previously made me feel guilty about wanting to take the full holiday.

 

Whilst I understand that since I have not worked a full year here yet I have not fully accumulated the 28 days holiday. I am posting this in advance so that I may be fully informed about appropriate procedure in this case.

 

If anyone has any advice as to what I should do please let me know.

 

No employment contract has been signed and there is no real process for dealing with issues in our workplace.

 

Thank you.

 

Useful information:

• Currently nothing in writing
  
• No employee handbook
  
• No contract signed
  

Edited September 30, 2015 by Sajdood

[obiter dictum]

Do you know when your holiday cycle runs from, for example April to March as to the financial year

As a full time employee you are entitled to a minimum 28 days paid holiday a year

 

That is a statutory right

[Sajdood]

Do you know when your holiday cycle runs from, for example April to March as to the financial year

As a full time employee you are entitled to a minimum 28 days paid holiday a year

 

That is a statutory right

 

Thank you for your reply.

 

No. Unfortunately there is no holiday 'cycle' as it were. However, my colleagues generally take their holidays during September to October as the company is too short staffed during other periods.

[honeybee13]

Hello there.

 

What does your contract say about holiday pay please?

 

HB

[Sajdood]

Hello there.

 

What does your contract say about holiday pay please?

 

HB

 

Thank you for your reply.

 

I did not sign a contract - I did ask for one however nothing was presented. Only the two managers have signed contracts. I would also like to indicate that I was on probation for my first three months at a lower salary whilst neither of my colleagues were placed on probation. This cannot be validated however just going off of what my colleagues stated about their start.

[honeybee13]

Apologies, I missed that in your first post. What do you have in writing please?

 

HB

[Sajdood]

Apologies, I missed that in your first post. What do you have in writing please?

 

HB

 

Don't worry about it

 

Currently I have nothing in writing. Literally all I have are my pay slips.

[obiter dictum]

Do you have an employee hand book??

 

Again you have to be given that or a contract within 60 days of starting employment

[Sajdood]

Do you have an employee hand book??

 

Again you have to be given that or a contract within 60 days of starting employment

 

I was not given an employee handbook either.

Edited September 30, 2015 by Sajdood
Rephrased oriignal comment to make clear that a handbook was not supplied.

[honeybee13]

Thank you for the info.

 

Is there a company intranet or central database with this kind of information?

 

HB

[obiter dictum]

They have to give you a copy by law

 

Ask for a copy of your contract or employee hand book. If they put up the shutters tell a little white lie

 

Say you need it for a mortage quotation

[Sajdood]

Thank you for the info.

 

Is there a company intranet or central database with this kind of information?

 

HB

 

No there is nothing like that.

 

They have to give you a copy by law

 

Ask for a copy of your contract or employee hand book. If they put up the shutters tell a little white lie

 

Say you need it for a mortage quotation

 

Thing is, I'm certain that the hand book does not exist. However in regards to a contract, I have already asked in the past and not received it.

 

Furthermore, I don't think I could convincingly lie about this as they know I'm uncomfortable with the way things are, unlike the rest of my colleagues it seems!

[obiter dictum]

Right then i will be blunt

 

You have been employed for less than 2 years

 

You put their back up they can dismiss you at the drop of a hat and there is nothing you can do about it

 

You get more with sugar than you do with vinegar

[Sajdood]

Right then i will be blunt

 

You have been employed for less than 2 years

 

You put their back up they can dismiss you at the drop of a hat and there is nothing you can do about it

 

You get more with sugar than you do with vinegar

 

So there is nothing I can do at all?..I mean this is not my first job and both of my previous part-time jobs I have not needed to sign a contract nor have I received a handbook. But in regards to pay everything went smoothly.

[honeybee13]

So there is nothing I can do at all?..I mean this is not my first job and both of my previous part-time jobs I have not needed to sign a contract nor have I received a handbook. But in regards to pay everything went smoothly.

 

This is not how it should happen, Sajdood. You should have had a contract and a handbook. What industry are you working in please?

 

HB

[honeybee13]

Here's a link from Citizens Advice that you might find useful.

 

https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-at-work/

 

HB

[Sajdood]

This is not how it should happen, Sajdood. You should have had a contract and a handbook. What industry are you working in please?

 

HB

 

My previous two jobs were within hospitality as a bartender. When I graduated I left my first bartending job, then applied for another near home. In December 2014 I started working full-time in e-commerce for a luxury menswear store.

[obiter dictum]

Bar work will be on zero hour contracts, though you should have still received an employee hand book

 

Your second job a contract of employment shuld have been supplied. Have you requested a copy from HR??

[Sajdood]

Bar work will be on zero hour contracts, though you should have still received an employee hand book

 

Your second job a contract of employment shuld have been supplied. Have you requested a copy from HR??

 

We haven't got a HR department - I have requested the contract from the owner directly in the past. The company is just the owner, two managers, eight full-time employees and one part-time employee.

[obiter dictum]

I am sorry i will now withdraw

 

You are really not helping with your attitude, this is not serving behind the bar at the old bull and bush, this is real life

 

Lose the attitude

[Sajdood]

I am sorry i will now withdraw

 

You are really not helping with your attitude, this is not serving behind the bar at the old bull and bush, this is real life

 

Lose the attitude

 

I apologise if I have come off with an attitude. I am just trying to provide all the information I can - we genuinely do not have a department designated for human resources.

[Emmzzi]

Hello,

 

have you had any paid bank or local holidays?

 

Do you work full time, 5 days a week?

[Sajdood]

Hello,

 

have you had any paid bank or local holidays?

 

Do you work full time, 5 days a week?

 

Hello thank you for your reply.

 

Whenever there has been a bank holiday, we have been told that we would be working the Saturday - so we have not been paid for bank holidays.

 

I have taken off 10 days so far, with another 4 days booked in October.

 

Yes, I work full time 5 days a week. I have worked a handful of six day weeks however.

[Emmzzi]

I think you choice is to ask in writing when you can take your statutory leave; and to accept that may result in your being let go;

 

or to do nothing.

 

Unless you unionise/ work collectively, I am not sure there are a whole load of other options open to you. I have no magic way to make your boss behave I am afraid.

[Sajdood]

I think you choice is to ask in writing when you can take your statutory leave; and to accept that may result in your being let go;

 

or to do nothing.

 

Unless you unionise/ work collectively, I am not sure there are a whole load of other options open to you. I have no magic way to make your boss behave I am afraid.

 

I see. Is there a way I can write this letter (or do you have a template by any chance?) and minimise the chances of being let go?