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AIBU?

To think my boss is breaking the law

55 replies

tequilasunset · 15/12/2018 22:25

I started work in a restaurant on 1st April this year 1. The restaurant opens 7 days a week from April until October then weekends only from November until March.

The hours differ from week to week, on a rota basis.

I haven't been given a contract and was told when I started that the boss only pays 16 hours holiday pay as it's seasonal work.

I didn't actually think anything of it at the time but after a conversation with a friend, I'm sure that this can't be legal!

I haven't been given a payslip since week ending 7th October but according to that payslip, I have been employed for 27 weeks and have worked 1,252 hours.

I have calculated that from 7th October until the end of December I will have done approximately another 100 hours, bringing my total hours for the year to 1,352 in 9 months.

I put this information into a holiday entitlement calculator and it said that I was entitled to 163 hours of holiday pay - so minus the 16 hours I've already received, my boss apparently owes me an extra 147 hours of holiday pay Confused

Are my calculations correct?? And if so, how can my boss get away with not paying it??

If my calculations are wrong, can you please explain why?

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Graphista · 16/12/2018 01:48

Op they get away with it cos in uk right now circumstances for the poor are utterly shit!

Because they know people are desperate for work and will tolerate crap treatment.

Also unfortunately because many people in low paid jobs are also likely to not know their rights nor how to get support if they're not treated correctly.

Heartened to read my birthplace (Glasgow) the council deals with exploitive employers in a taking no shite way! Grin

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CaroloftheBalls · 16/12/2018 01:53

@ReanimatedSGB Nope, accrued holiday is owed to every employee in the country, regardless of how large the business.

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NiteWotcha · 16/12/2018 01:59

Helena is right - poor Tinsel has this problem everywhere they work Hmm

Have deleted those posts

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Jenny17 · 16/12/2018 02:09

Are you sure it's 16 hours and not 16 days?

What does it say in your contract / staff manual in regards to holiday pay?

Keep detailed records off the hours you work.

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tequilasunset · 16/12/2018 02:38

Definitely 16 hours, not 16 days.

I don't have a contract and have never been given or seen a staff manual.

All the info for hours worked etc is on my payslips, but I haven't received one since the beginning of October.

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