Holiday Pay and Working Time Directive

[Deadyankee]

Hi,

 

I have recently started work with an agency. I have been accruing holiday pay and about 3 weeks after I started I took a days holiday for preplanned arrangements. I had accrued a days pay in that time so was expecting that day to paid in the following weeks pay pack in place of the hours I should have worked. Instead nothing was paid at all.

 

When I queried this with them , this is the reply I got "Due to working time regulations if you are over the average amount of hours worked in a week we are not allowed to pay for holidays within the same week. This is unfortunately the law and nothing we are able to override in anyway. I apologise that this has been the case. Please do not hesitate to contact me with any further questions or concerns."

 

In that same week I did two days overtime, either side of my main shift, which meant I had worked over my 44 hour shift, but that shouldn't effect me being paid for my holiday as I lost wages for that day. The holiday pay is meant to replace that missing pay. With my previous two employers if I took holiday I was always paid for it providing I had holiday to use, regardless of whether any overtime was done in that same pay period. So I know this reply is BS, as there no law against it. 

 

Can I just confirm with you guys I am right in thinking that this is wrong. I have now got 2.20 day accrued and have another days holiday this week but am I ever going to be paid my holiday pay? Do they expect to just sit there for ever?

[ericsbrother]

they are correct in saying that you cnat taek paid time off in the same period it accrues so if you are paid weekly you have to wait at least a week before you can use the time accrued. This is to prevent employers paying you an uplift in salary and never allowing you to take holiday.

you will need to read your contract and also overtime is irrelevant to this issue. if you are on a zero hours contract then it is just normal time accrued a bit quicker but still wont get you more than the 5 weeks paid leave, henec them paying it as overtime of that is what is agreed.