Holiday Pay

[SS.85]

Hi,
I need advice..
I have been working for my employer since October and I suspect they've not been fair to they're employees.
My self and the delivery driver have no contract and want to take holiday leave.
I'm not sure of what our rights are as I work 20-25 hours a week and the delivery driver works 15 hours a week.
We don't have an emplyee handbook to state what we are entitled to.
The employer has told the delivery driver that he is not entitled to any paid holiday and hasn't taken time off at all for over a year.
What are our rights?
I'd very greatful for some feed back.
Thank you in advance!

[vanman]

Re: Holiday Pay

unless you or the driver are self employed

Calculate holiday entitlement


The statutory entitlement is (driver) 84 hours and 0 minutes holiday.


The employer:

• can include bank and public holidays as part of the statutory entitlement
• must not round down the holiday entitlement, but may round it up
• must provide holiday pay during the statutory leave
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’

Previous answers

Start again

Is the holiday entitlement based on:	hours worked per week	Change answer to "Is the holiday entitlement based on:"
Do you want to work out holiday:	for a full leave year	Change answer to "Do you want to work out holiday:"
Number of hours worked per week?	15.0	Change

https://www.gov.uk/holiday-entitleme...ts/entitlement
Workers have the right to:

• get paid for leave
• build up (‘accrue’) holiday entitlement during maternity, paternity and adoption leave
• build up holiday entitlement while off work sick
• choose to take holiday at the same time as sick leave

[vanman]

Re: Holiday Pay

Calculate holiday entitlement

The statutory entitlement is(you )69 hours and 48 minutes holiday.


The employer:

• can include bank and public holidays as part of the statutory entitlement
• must not round down the holiday entitlement, but may round it up
• must provide holiday pay during the statutory leave
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’

Previous answers

Start again

Is the holiday entitlement based on:	hours worked per week	Change answer to "Is the holiday entitlement based on:"
Do you want to work out holiday:	for someone starting part way through a leave year	Change answer to "Do you want to work out holiday:"
What was the employment start date?	1 October 2014	Change answer to "What was the employment start date?"
When does the leave year start?	1 April 2015	Change answer to "When does the leave year start?"
Number of hours worked per week?	25.0	Change

[SS.85]

Re: Holiday Pay

Thank you so much! That's a great help. Is there a loop whole somewhere that employers can get away with not paying.
As they claim so confidently that we're not entitled to any holiday.

[vanman]

Re: Holiday Pay

Once an employee starts work details of holidays and holiday pay entitlement should be found in the employee's written contract, where there is one, or a written statement of employment particulars given to employees by their employer.

Note: The written statement is required by law and must be given to employees by the employer no later than two months after the start of employment.

Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks of paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week of leave should allow workers to be away from work for a week - i.e. it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 28 days leave. However, for a worker who works 6 days a week the statutory entitlement is capped at 28 days. If they work a three-day week, the entitlement is 16.8 days leave. Employers can set the times that workers take their leave, for example for a Christmas shut down. If a worker's employment ends, they have a right to be paid for the leave due and not taken.

more info
https://www.citizensadvice.org.uk/wo...d-holiday-pay/


http://www.acas.org.uk/media/pdf/5/h/Acas-guide-Holidays-and-holiday-pay.pdf