Holiday Pay Entitlement To Part Time Staff

[Hioncc]

Hello,

I was asked a question by a younger family member today in regards to if he should be recieving any form of holiday pay. I'll explain as best I can, and hope someone can give an answer.

He works between 8 and 20, on average hours a week in a local shop, although has done as much as 35 in holiday periods. These hours change almost on a weekly basis, as to when he is needed; he has worked there for around 14 months.

Now, here comes some interesting, rather odd stuff. He gets paid cash (I thought may be cash in hand), however all hours are recorded and apparently passed to an accountant. No, he has never recieved a pay slip (these stopped shortly before he joined according to other staff?) nor a contract. Furthermore an amount of £10 has been deducted from his wages for NI on four of five accounts, in which he has been told he is over the threshold and a pay slip will be given with the difference in NI refunded. This has never happened. He has questioned them, to which they reply the account is busy/away etc.

Now, about holiday pay, I was unsure on this. From a little looking around, as he has no contract I believe statutory rights apply, although a contract should've been issued? I found on direct.gov info about casual and irregular working patterns which states:

"if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes
The holiday entitlement is just over seven minutes for each hour worked"


If he is entitled to this, would he be able to claim back from x date or not? Furthermore he has no record of total hours worked but has averaged around 12 per week, which adds up to over £500 owed if this would be correct?


Thanks for the help.

Regards

[teaboy2]

Re: Holiday Pay Entitlement To Part Time Staff

Well firstly he is entilted by law to a wage slip and he is entiled to a written contract within 2 months of his employment starting. As for whats going on with his NI well god knows, as i suspect the NI does not amount to 10 each time. You would be best contact HMRC about NI.

As per holiday entitledment you are correct he is entiled to the satutory holiday.

Personal the shop owner sounds like a rogue employee and the accountant sounds like a rogue too. I would personal raise a gievance using the following legislation and add to it what the HMRC say about NI, though they will also be interested in knowing what TAX he has paid if any, and why no payslip was given.

Legislation on Written contract (also known as statement of particulars) - Employment Rights Act 1996

Legisaltation on pay slips - Employment Rights Act 1996

Full legislation for you to read through for any other relevant part here - Employment Rights Act 1996

You will also find the working time regulations useful in regards to his holiday entilement - The Working Time Regulations 1998

And yes if he was refused his holiday entitlement he is eligible to be paid in full for those holidays that he was refused via backdating his pay to include such holiday pay for holidays he was denied. You also have execellant grounds to make a claim to an employment tribunal. And personally if i was him i would start looking for work somewhere else where he is not robbed of his rights and is paid wages into the bank not by cash.

In fact, i may have something for him myself, but you will have to PM me if you what the details.