Can an employer withhold holiday pay?

[EddieMurphy]

My son has a Saturday job and is entitled to 6 days annual leave each year. He took 3 days approved A/L recently, expecting to be paid in his August salary. He wasn't paid for them and his payslip states that 0 hols were taken and that 0 holidays are left, (he has another 3 days entitlement before end March 2025). He raised this today to alert work that he thought there had been a mistake. He was told that Saturday staff get paid for all their holidays at the end of March, reason given was that 'it's good for the business. It means you will get a bigger salary in March.' His holidays have been recorded on his timesheet (we have a hard copy) but not his payslip. Is this legal? In March he will get paid for all 6 days as if they were all untaken (if he is still there then), but thats not correct as he has already taken 3 and will take the other 3 through the year. All Saturday staff were also gathered together today and told that they have to provide school/college term dates so the employer knows when they are not in education, so they can tell/force/pressure them to work during those periods if they want them in. This doesn't seem right or fair - can they do this? (Postpone holiday pay? Son is about to start driving lessons and was counting on the money). Any advice would be appreciated, many thanks.

[ULA]

Can you confirm that:

a) your son does not have rolled up holiday pay in is normal hourly rate
b) that he was not paid in his Aug salary for the 3 days that that he was on annual leave i.e there was effectively a deduction of 3 days pay?

There is no reason why an employer cannot ask Saturday staff who are school / college students what their term dates are if they are wanting to plan staff resourcing and can ask if they are prepared to work extra hours whilst on holiday. What evidence do you have that they will be forced to work?

[EddieMurphy]

Hi yes I can confirm that my son does not have rolled up holiday pay in his normal hourly rate and also that he was not paid in his Aug salary for the 3 days that that he was on annual leave. One of the holiday days was 27th July, the others were 3rd and 10th August, (he gets paid on the last Friday of every month). It states clearly on his timesheet (which he brought home yesterday) that he was on holiday for those 3 dates. They are marked as 'HOL'. His August payslip however states zero for holidays taken and zero for holidays remaining (he has actually taken 3 and has 3 remaining).
I have no evidence that he will be forced to work, I understand that he can't be forced, but the Saturday kids are asked to come in during holidays and being young he finds it hard to say no unless he can go in armed with a reason, he says they frown upon anyone saying no to extra hours and make it uncomfortable for them, they make their displeasure known. He is frightened to disagree with anything they say due to being young and inexperienced but they just let people go if they don't toe the line.

[EddieMurphy]

My son will have to find his own way of dealing with the requests for working extra hours, I understand that, its really the salary issue I would appreciate advice on - March is 6/7 months away yet and most Saturday staff don't last that long at this place.

[ULA]

Unless there is anything specific in any company policy regarding holiday pay being paid at the end of the holiday year then I suggest that your son emails his manager and HR to query why he has not been paid his holiday pay and point out that this is a potential unlawful deduction of wages and ask when this will be rectified.

[EddieMurphy]

Thank you for your advice, so you think that in withholding holiday pay that they are acting unlawfully?

[ULA]

Potentially they could be acting unlawfully. As I said in my earlier post your son needs to check any company policies and also suggest his contract re holiday pay.