Holiday Pay , am I being duped?

[Xrigman]

Having been made redundant for the first time in over 38 years, I decided to take on a part time job in a Newsagents on minimum wage, this was Jan 2016.

The job offer was for 12 hours a week, as and when required with more hours on offer. All was fine, I requested a holiday for a week in March, was paid 12 hours holiday pay. Since starting I have never done 12 hours always 13 or more.

I requested 2 weeks off in Oct and was told I would receive my holiday pay on return. Due to staff shortages I had been doing on average 22 hours a week over the previous 12 weeks. On return I received 18 hours holiday pay. I was expecting at least 24 hours pay as I'm on a minimum of 12 hrs a week.

On querying this I was told that since March (why March!) I had accrued only 30 hours holiday pay (60 hours a year). 12h from 30h is 18h.

I was told I had been paid for all my extra hours worked so this does not count.

 

As I started in Jan surely I have accrued 45 hours. On looking at the Acas and Gov websites I am not sure of what category I'm in but feel I am being duped?

 

To ad insult to injury I have not received Particulars of Employment or Contract for the post so am finding it difficult to state my case.

 

Any comments or replies? Please

[ssparks2003]

When does their holiday period start/end?

[Xrigman]

Not sure as I have no contract or ts&cs will find out later this week.

[ssparks2003]

It could be a situation that their holiday year runs from March, so you list any entitlement that your earned Jan-Mar that you had not used,

[ericsbrother]

Demand from your employer a copy of the employemnt contract or terms of service as you wish to consult them over this issue before making any further decisions. your employer is obliged by law to supply this within a month of starting so you have them at a disadvantage there.

Generally speaking holiday pay is based on normal hours worked over the preceding 13 weeks. The holiday year may well run march-feb, companies have all sorts of odd start/finish dates but only of it is in your employment terms. You would be owed for jan-feb anyway.

[Xrigman]

Demand from your employer a copy of the employemnt contract or terms of service as you wish to consult them over this issue before making any further decisions. your employer is obliged by law to supply this within a month of starting so you have them at a disadvantage there.

Generally speaking holiday pay is based on normal hours worked over the preceding 13 weeks. The holiday year may well run march-feb, companies have all sorts of odd start/finish dates but only of it is in your employment terms. You would be owed for jan-feb anyway.

 

I do not have normal hours or days I work. I am given my working hours on a Sunday night for the following week. Initially I was told the "part time hours" would be a minimum of 12 per week , but in the 13 weeks prior to my holiday I averaged 24.5 hours per week. I am not even getting paid the 12 hours a week holiday pay !!!

[Xrigman]

Ah that went well. I put forward my case about the lack of holiday pay to be confronted with an allegation of theft from CCTV footage from June, showing me putting approx £5:00 worth of stationary in my bag. I did pay for it but was told that the CCTV cannot confirm this. As you can imagine I left the shop with the "I am going to report you to the Police" ringing in my ears.

 

This has definitely left me with a bad taste in my mouth. I am now at home awaiting a call from the police !!!! I know this is probably the wrong thing to do but I could not stand there and be accused of theft.

[Xrigman]

I have been told that if I hand in my resignation I will receive the monies owed to me and there will be no "nastyness" ??????????

I am at a loss

[obiter dictum]

Does not holiday entitlement depend on your contracted hours??

Any hours worked in excess of those contracted hours is overtime.

Where does it state holiday entitlement is worked out on the previous 13 weeks worked unless we are talking on a zero hours contract where say annualised hours will be used. He was offered a contract on 12 hours a week

 

Looking at .guv does say about the previous 12 weeks but confused

Edited October 21, 2016 by obiter dictum

[Xrigman]

Thanks for that. but as my contract was just by word of mouth I was under the impression that I would be paid the 12 hours. Not that it makes a difference now as I have resigned today due to the accusation of theft, I do not need this hassle .

[ericsbrother]

The reality is your employer didnt obeyn te law regarding employemnt contracts, holidays and no doubt other things as well. They used the CCTV4 months later as an excuse to avoid having to obey the law and you resigned so again they avoid the necessity to answer for their actions. Yoou are best out of it so I wouldnt bother trying to get them to amend their errors. However, if you are owed money they wont have a leg to stand on

[fletch70]

My worry is that if you actually resign you will not be able to claim JSA as you will have made yourself intentionally unemployed although this would happen if you were dismissed.

 

If they dismiss you then you can not even claim unfair dismissal

 

I do think that you are probably better off out of it but if they do not pay you the monies owed then you could issue a claim in the small claims court- or at very least threaten to do so

[Xrigman]

Thanks for all the advice...I have been told any monies owed to me are being sorted out by the shops accountant and should be able to pick them up next Saturday 29th so will post up after this .....