Nearly 4 months ago I started working in a bar; 5 days a week, about 30 hours a week. It’s not a huge bar and a couple of other people started working there at the same time. We are all meant to have accrued a certain amount of holiday pay in the past four months that we worked there, though management are being sketchy about how much, I think I’m probably owed around 9 days? A few weeks ago I became aware that we have to use all our holiday before the end of the year, else we lose it. So I’ve been trying to find out from management how much holiday I have to use. All of us new starters weren’t really aware that we had to use or lose our holiday before the end of the year. We weren’t allowed to take holiday for the first 3 months we worked here as we were on probation. Now they are saying we can’t take holiday in December because it’s the busiest time of the year in a pub, which is fine, I understand that, but they are also saying they won’t pay us for the holiday we don’t take before the end of the year. So at the end of the year we lose our holiday, that we have never been given a chance to take, and they get to keep that money for themselves. One person working there started after us, he is still on probation till January, so he can’t use any of his holiday yet. Though he has worked there long enough to accrue a few days. But if he doesn’t use those days before the end of 2014 he loses the holiday and the bosses keep what he has earned. Doesn’t seem like they would be allowed to do this, what do you think we should do? None of us have signed contracts Thanks. Tom
Employer refusing to give me holiday pay
Collapse
Loading...
X
-
-
Re: Employer refusing to give me holiday pay
Originally posted by AP0LL0 View PostNearly 4 months ago I started working in a bar; 5 days a week, about 30 hours a week. It’s not a huge bar and a couple of other people started working there at the same time. We are all meant to have accrued a certain amount of holiday pay in the past four months that we worked there, though management are being sketchy about how much, I think I’m probably owed around 9 days? A few weeks ago I became aware that we have to use all our holiday before the end of the year, else we lose it. So I’ve been trying to find out from management how much holiday I have to use. All of us new starters weren’t really aware that we had to use or lose our holiday before the end of the year. We weren’t allowed to take holiday for the first 3 months we worked here as we were on probation. Now they are saying we can’t take holiday in December because it’s the busiest time of the year in a pub, which is fine, I understand that, but they are also saying they won’t pay us for the holiday we don’t take before the end of the year. So at the end of the year we lose our holiday, that we have never been given a chance to take, and they get to keep that money for themselves. One person working there started after us, he is still on probation till January, so he can’t use any of his holiday yet. Though he has worked there long enough to accrue a few days. But if he doesn’t use those days before the end of 2014 he loses the holiday and the bosses keep what he has earned. Doesn’t seem like they would be allowed to do this, what do you think we should do? None of us have signed contracts Thanks. Tom
But it all depends on what your contract of employment states regarding when holidays can be taken and can't be taken?
What does the contract state about what happens when the holiday year ends and you still have some accrued holiday left that was not taken? And what happens to those days or pay for those days?
Do you even have a written contract yet? if not they are in breach of the employment rights act 1996 and it would therefore be advisable that they pay you in lieu of allowing you to take your accrued holidays that they are not permitting you to take, or they will be in breach of contract and possibly working time regulations - But that's only if you have not been given a written contract or if your contract states nothing about not being able to take holidays in December!
Now how many days holiday are you entitled to between date you started and date the holiday year at your company ends? Use this online tool - https://www.gov.uk/calculate-your-holiday-entitlementPlease note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRR
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment