Holiday Pay

[bellvivienne]

I have been with my current employer 1 year.

I work full time.

I was given holiday pay for 1 week last year. Since Xmas I have had a week off because my father died, I was not paid for that time.

I have just taken 5 days leave and have also not been paid.

I pay Tax & NI.

Can my employer get away with this?

[mccfluff]

that doesn't sound right, do you have a compnay handbook? also take a look here

http://www.direct.gov.uk/en/Employment/Employe es/Timeoffandholidays/index.htm?cids=Google_PP C&cre=Employment

[bellvivienne]

There isn't a company handbook. Its a privately owned public house.

[beaniesq]

Hi there, here is what the Law says on your holiday entitlement....

Under the Working Time Regulations 1998, workers (including part-time and most agency and freelance workers) have the right to:
� 4.8 weeks� paid leave each year (as of 1 October 2007)
� payment for untaken leave entitlement on termination of employment.

Statutory annual leave entitlement will increase from 4.8 weeks to 5.6 weeks on 1 April 2009.

In other words, your employers are breaking the Law -WHATEVER sort of contract or agreement you have with them, the Laws above over-rule it.

You are now legally entitled to either take the leave you are owed, or take the money for the leave you were never given. You may even have a shot at compensation.

Your employers sound like they need a rocket up their ar$se on Employment Law.

Good luck !

[beaniesq]

PS - you don't need a company handbook - you don't even need a written contract.

Just the fact that you work there and they pay you for it acts as a binding contract.

They are leaving themselves wide open to being taken to court and it sounds like they deserve it.

If you need any further advice, I can email you some basic info that you can shove under your employers idiotic nose and that'll have him/her worried!

[keenanthomps]

my employer told me i had to take my holidays by a certain date, and if i did not i would loose them can they do that?

[bellvivienne]

Thankyou beaniesq.

my employer is aware that I'm owed, we've discussed it. But he says he just doesn't have the money!

Apart from leave, which I dont want to do til I find another job, i dont know what to do.

[beaniesq]

Hi again,

that's terrible. I feel for you. I guess you would rather have the money than the time?

What you do depends on your relationship with your employer and how much you like (or hate) him.

It sounds like he is trying to play you - so you get off his case about it. But the law is the law and if you wanted to get funny about it, you could still take him to court and if he couldn't pay up, the bailiffs would seize assets to pay you.

I would say to him, right, I wanna draw up an agreement in writing, that you pay me an extra, say �100 a month in my wages till you have paid back all the holidays. If not, you leave me with no other option but to take the matter further....

I really hope you get it sorted because it sounds like you deserve every penny, and then some..

Keep in touch - I'll check the thread again in a few days to see how you got on!

x