Employer does not offer full holiday pay - please advise.

[Emmzzi]

Gently referencing this with a "help me understand/ could you clarify" might go down better than "I wish to enforce my rights"...

 

https://www.gov.uk/holiday-entitlement-rights/entitlement

 

But you do need to know it's a gamble. You can claim backpay after the event but I'd be sure you have somewhere else to go first.

[Sajdood]

Gently referencing this with a "help me understand/ could you clarify" might go down better than "I wish to enforce my rights"...

 

https://www.gov.uk/holiday-entitlement-rights/entitlement

 

But you do need to know it's a gamble. You can claim backpay after the event but I'd be sure you have somewhere else to go first.

 

Thank you very much for your help.

[obiter dictum]

Typical example of an employer abusing the two year rule, The same as they abuse the Agency Workers Directive

 

Is it any wonder employees are being exploited

[Sidewinder]

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

 

Seems a little harsh.....but I understand where you are coming from.

 

Sajdood. You have rights, but in order to enforce those rights you have to be a little forceful. The problem there is that with less than two years service the employer could simply get rid of you for being a problem to them but there would be little that you could do about it. The suggestion therefore was to be a little devious and give a good reason why you need to see your contract of employment.

 

If you are not able or willing to either be forceful or devious, then there is a limit to what further advice people can give!

[Sajdood]

Seems a little harsh.....but I understand where you are coming from.

 

Sajdood. You have rights, but in order to enforce those rights you have to be a little forceful. The problem there is that with less than two years service the employer could simply get rid of you for being a problem to them but there would be little that you could do about it. The suggestion therefore was to be a little devious and give a good reason why you need to see your contract of employment.

 

If you are not able or willing to either be forceful or devious, then there is a limit to what further advice people can give!

 

I see.

 

Well, I think I will try and get the contract again. Do you know of any other reasons that I could fabricate that require me to provide someone with an employment contract?

 

I am looking at joining the Army Reserves, could suggest they need to see it?

 

But also, what are my next steps after receiving a contract?

[Emmzzi]

Typical example of an employer abusing the two year rule, The same as they abuse the Agency Workers Directive

 

Is it any wonder employees are being exploited

 

 

It is not a typical example UNTIL they abuse it. Right now it is a possibility.

 

Unless you are Mystic Meg?

[Emmzzi]

I see.

 

Well, I think I will try and get the contract again. Do you know of any other reasons that I could fabricate that require me to provide someone with an employment contract?

 

I am looking at joining the Army Reserves, could suggest they need to see it?

 

But also, what are my next steps after receiving a contract?

 

Just request it in writing. You are entitled to one and do not need a reason. But you do need to start writing letters.

 

Draft one and we will check it for you?

 

next steps are identical to what they would be without a contract. Write a letter asking when you can have your holidays.

 

I do hope you are also looking for a new job?

[ericsbrother]

what field of business is your employer in and what is your job title or function? Any clues about your current situation is helpful as there may be other directions to attack the problems from. If your employer is breaking the law regarding its staffing obligations they may well be up to no good in other ways and you could end up carrying the can for their wrongdoing.

[goodatresearch]

There is no legal obligation for an employer to provide a written contract. They are obliged however to provide a statutory written statement within 2 months of commencing work. This is what the OP should be insisting upon. I personally would be asking for it in writing as evidence.

 

As for statutory holidays, they start accruing the minute you start work, regardless of when the employers holiday cycle starts,

 

The OP is in a difficult position, not unlike many employees in today's UK. Stand up for your rights and risk some lame excuse to get rid of you. Then there's the employment tribunal fee.

 

OP, give ACAS a ring.

[steampowered]

The basic legal position is that you are entitled to 5.6 weeks paid holiday (bank holidays count towards this).

 

A dismissal which is made due to claiming this right is treated as 'automatic unfair dismissal'. That means it is exempt from the 2 year requirement. Therefore,l if you were dismissed because you asked for holiday you are legally entitled to, you could seek compensation for unfair dismissal from an Employment Tribunal.

 

Of course actually paying Employment Tribunal fees and going through the process is easier said then done.

 

I personally would start searching for another job. Once the new job has been found and secured, you should make sure the previous employer pays you for your accrued but untaken holiday leave, and sue them if they refuse.