DD 18, no holiday pay

[TerrifiedPassenger]

Hive mind needed please - posting on behalf of DD who doesn't want to get fired but has finally come to realize (after me telling her as much for 18m) her work are screwing her over holiday pay.

She's worked for a small business for nearly 2 years, most of staff are part time and 16-19 years old. Any holiday plans she has to arrange her own cover and is not paid holiday pay. She asked for clarification recently and has a text from the boss to say as they are a small business they don't do holiday pay.

She's on minimum wage and so I know effectively they are breaking the law - she's never had holiday pay (none of the PT staff have either) and she hasn't ever had a wage slip.

She's looking to leave in September for University anyway, what's the best way to approach them? Straight to ACAS or wait until September and then hit the big red button?

Thanks in advance

Wow, he has just shout himself in the foot.

no pay slip tells me he isn’t legally putting your dd through the books so to speak, does she get paid cash in hand or does it go into her bank account . also the text regarding the no holidays is all the proof she needs.

my dd works part time for a medium sized family business and yes they do get holiday pay even if it’s like drawing teeth to get them accepted.

If they only employ part timers who all earn under the lower earnings level for tax and National insurance then a small business does not have to run payroll. They do, however have to keep a record of all payments made and they do have to pay holiday pay.

I used to run a children's activity and employed a couple of 16-18 year old helpers. I didn't provide formal payslips but I used to send them an email each month which stated x hours worked at £x rate total payable. If, however, one of them had taken on a 2nd job which meant they were liable to pay tax I would have had to set up payroll for everyone at that point.

My dd was at her hospitality job(she handed her notice in last week) and overheard the manager and senior saying that the next few people they employ need to be 18 and under because that's the lower rate of pay and once they are 21 the pay increases.

Shows how much some bosses value their staff!

When has she been there 2 years? If it's soon she should wait until the day after her 2 years is up.

She needs to firstly write/email them to say that she is placing an official grievance regarding their failure to pay any statutory holiday pay (pro rata to 5.6 weeks per annum) despite having a legal duty to do so.

And ...
In the event that this is not resolved within 14 days I will unfortunately have no alternative course of action open to me other than to complete an ET1 form via the employment tribunal service to remedy the matter.

There are two sides to this though.

A 16 year old will usually have less experience than a 21 year old and have limitations in what they can do, e.g sales of alcohol.

If they had to be paid the same, it would become even harder to get a start in the workforce.

But it does demonstrate the danger of not seeking part time work under 18. Because if you have never had a previous job and are over the cut off you bring fewer benefits and cost more.

Sorry. Not sure how I ended up on an old thread. Was commenting on a similar one and must have inadvertently clicked.