Sacked for asking for Holiday Pay

[ostell]

Helping the sister in law. She has been employed for just under a year and was told that she could have whatever holiday she wanted but would not be paid. With my help she pointed out to her employer that she was entitled to holiday pay and he agreed but only for 2 weeks as it was her first year. Eventually he agreed that he should be paying holiday pay and has paid some.

He has now sacked her, with the reason (verbally) that he could not afford to pay holiday pay. The other staff, in a shop, don't receive any holiday pay. Two weeks notice and accrued holiday pay paid (well that is what has been promised). Written confirmation of reason requested.

The .gov web site does state categorically that it is automatic unfair dismissal if someone is sacked if querying holiday pay.

Any suggestions about where SIL should go next?

[CleverClogs]

Re: Sacked for asking for Holiday Pay

SIL should go to another shop that isn't "managed" by Simon Legree.

What manner of retailer is it, by the way?

[FlamingParrot]

Re: Sacked for asking for Holiday Pay

The .gov web site does state categorically that it is automatic unfair dismissal if someone is sacked if querying holiday pay.

Any suggestions about where SIL should go next?

ACAS has all the info you need: http://www.acas.org.uk/index.aspx?articleid=4098

Unfair dismissal

Dismissals are classed as 'automatically unfair', regardless of the reasonableness, if an employee is exercising specific rights to do with:

• pregnancy: including all reasons relating to maternity
• family reasons: including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
• representation: including acting as an employee representative
• trade union membership grounds and union recognition
• part-time and fixed-term employees
• pay and working hours: including the Working Time Regulations, annual leave and the National Minimum Wage.

and this leaflet about holiday pay: http://www.acas.org.uk/media/pdf/7/o...oliday-pay.pdf

[FlamingParrot]

Re: Sacked for asking for Holiday Pay

Helping the sister in law. She has been employed for just under a year and was told that she could have whatever holiday she wanted but would not be paid. With my help she pointed out to her employer that she was entitled to holiday pay and he agreed but only for 2 weeks as it was her first year. Eventually he agreed that he should be paying holiday pay and has paid some.

He has now sacked her, with the reason (verbally) that he could not afford to pay holiday pay. The other staff, in a shop, don't receive any holiday pay. Two weeks notice and accrued holiday pay paid (well that is what has been promised). Written confirmation of reason requested.

You only have the right to request written confirmation if you have been employed for at least two years:

Getting your dismissal in writing

You have the right to ask for a written statement from your employer giving the reasons why you’ve been dismissed if you’re an employee and have completed 2 years’ service (1 year if you started before 6 April 2012).

Who are the other staff? Are they illegal immigrants? Otherwise I can't see anyone agreeing to work without holiday pay. :noidea:

[ostell]

Re: Sacked for asking for Holiday Pay

Found all the details on line (I've been doing the letter writing and calculations) but I believe taking to Employment Tribunal is now expensive. SIL may not qualify for fees remission. Shame. Looking for a place to make a complaint that would ensure compliance.

SIL has since told me that a previous employee was sacked for the same reason. The other staff are in their 60's and 70's and have been working for this guy for some time and were aghast when the SIL started to claim holiday pay. They did not realise that they were entitled to it. They believed that working part time excluded them from payment.

Shop is selling bowling equipment, not the 10 pin type, crown green.

Many things wrong with the shop. No valid Employers Liability Insurance certificate (it's 2 years out of date). No fire exits marked. Corridors blocked with stock.

[CleverClogs]

Re: Sacked for asking for Holiday Pay

Isn't it just your civic duty to get that fire trap of a shop inspected and, if needs be, closed down?

[ostell]

Re: Sacked for asking for Holiday Pay

Working on it, when she gets her money action will be taken. Must recalculate the holiday pay due to cover the 2 weeks paid notice.

[Tools]

Re: Sacked for asking for Holiday Pay

There are a number of Authorities that need informing,

• Local Fire & Rescue, who are responsible for enforcing the employers Fire Safety Order, he could receive a hefty fine or indeed imprisonment for not complying.
• The HSE, again because of Fire Regs, lack of Employees' Liablity Insurance. www.hse.gov.uk/contact/workplace-complaint.htm
• HMRC
• DWP

[ostell]

Re: Sacked for asking for Holiday Pay

Thanks for the pointers. Fills in some of the gaps. I could be writing a lot of letters soon!