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Are they allowed to do that?

3 replies

lndn28 · 01/02/2024 20:12

Hi everyone,

I need advice. I was a nanny for a really nice family since June but I had a change of career and left a couple of weeks ago.

During my time with them the family decided to give 5 days off in July and 5 days in August, there was also a bank holiday in August. Then I took 4 days off in September.

The parents then told me they would be going away two weeks over Christmas/ New Years.

I raised my concern with them explaining that the two weeks they were giving me would make me go over my number of days accrued for the year and said I couldn’t afford to not get paid two weeks. I also offered to work as I really couldn’t afford losing two weeks. They told me they had not had time to calculate days yet but that they didn’t think it would be a problem, which I thought meant they would pay me anyway for those two weeks.

I had given my notice mid-December and receive my final payslip today which indicated £0. So they did not pay me for those weeks.

Are they allowed to make me take extra days I have not accrued and not pay them? I really don’t want to go into an argument with them as I’ve got a good relationship with them so would like to check if I am wrong before talking about it with them.

I have been in multiple families and they never not paid me for extra holidays they’ve taken.

This is what my contract says about holiday:

7.1 The holiday year runs from 1 January to 31 December

7.2 From the commencement of your employment, your full time paid holiday entitlement will be at the rate of 28 days per calendar year including bank holidays. Your holiday accrues on a daily basis.

7.3 Holiday may be taken only at times convenient to the Employer as previously arranged by notice.

7.4 If you start part way through a year, are employed on part time or fixed term basis your holiday will be calculated on a pro rate basis.

Thank you for any help you can bring me.

OP posts:
Are your children’s vaccines up to date?
Itsachange · 01/02/2024 20:24

Generally , no. They should have paid you for the days when they chose not to provide you with any work .

The exception would be if you were on some sort of zero hours contract but that would be unusual for a nanny. What did your contract say about usual working hours?

lndn28 · 01/02/2024 21:02

My contract is 30 hours a week so I guess I’ll have to have a conversation with them.

OP posts:
underneaththeash · 01/02/2024 22:01

I think you had over your holiday before the December days off.
So if you had 5 weeks holiday over 12 months, for 6 months you get 2.5 weeks. (I don’t know your exact dates of working).
they took their two in July and August , you took one in September - so you’d had your holiday even before theirs in December.

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