Part time holiday pay

[DDM09]

Posting to see if anyone has any advice for me. I work part time 12 hours a week in a small convenience store. I've been employed since April and haven't taken any holidays as yet. I want to take time off but my employer says I'm not entitled to holiday pay. I'm definitely through the books as I received a letter from HMRC which shows me as being employed there. AIBU in thinking that my employer is changing their arm by trying to say I'm not entitled as I don't work enough hours?

Do you have fixed hours or ar e you zero hour. Either way you accrue annual leave but with zero hours its usually paid to you at a fixed point rather than taken as holiday

www.gov.uk/calculate-your-holiday-entitlement

you should get it, go to the gov uk website where you can calculate how much you should be entitled to. your company should pay you this if you don't take the entitled amount in holiday time off

I work set hours every week, 2 days a week. As far as I'm aware it's not a zero hours contract as I'm expected to be in for the same shifts each week. I've never seen a contract now you mention it.

How many hours is on your contract?

I think you need them to give you a copy of the contract. If you dont have a contract just say you wont be in.

Originally I did 3 shifts but dropped down to 2 at the end of the summer. My employer said since I dropped a shift I'm no longer entitled to holiday pay. I think my next move is to leave if I can't sort it out. Will ask for a copy of my contract and see what it says.

I work 10hrs a week and I get 4 weeks annual leave, I also get paid for bank holidays if it’s on a day I’m due to work.

If you work two days a week then you are entitled to pro rata holiday pay.

As far as I'm aware it's not a zero hours contract as I'm expected to be in for the same shifts each week.

That doesn’t mean it’s not a zero hours contract. What you are scheduled for and what you are contracted for are two separate things.

You can be scheduled for the same shifts every week but still be on a zero hours contract; all it means is that they don’t have to give you a certain amount of hours.

And you are still entitled to holiday pay on a zero hours contract.

Will definitely check the zero hours thing. I can't refuse to work my set days so assumed it was contracted but maybe not.

You need to report this employer, otherwise nothing ever gets done and they continue to break the law and steal from their employees

I'll see where I stand first with what I'm entitled to and what my contract states but will definitely report if things don't get resolved. He employs a good number of people so could be affecting more than just myself.

If you work 2 days a week you are entitled to 11.2 days paid holiday per year

work out how many hours you have worked then times the hours by your hourly rate, he should pay that to you or let you have those hours off!

You’re entitled to 5.5 (if I recall correctly) weeks a year. This would work out at about 11 days for you. When does your holiday year run to and from and why have you left it so late to ask?

Also, is the manager the owner of the business or foe you have a head office with HR? Go there

I work 10 hours a week and get 56 hours of holiday (including bank holidays), that’s the statutory minimum. You accrue a certain amount of holiday for every hour that you work so should definitely have some to take. Use the calculator posted above.

Tbh you’re best of joining a union now

Then contact then tackle your employer about your annual leave, if you don’t get any results you can contact the union to assist you