Part time holiday pay

[toboldlygo]

I've been employed since January in a part time role with hugely variable hours. In university term times I work two days a week only, 16-20 hours per week, but from May to October worked anything up to seven days and 35 hours per week. It's NMW, paid weekly. All holiday I've taken to date has been unpaid.

Management have recently handed out written guidelines that they want us to sign and return, confirming that we know the policies and procedures of the business, uniform and hygiene rules etc. - stuff we know and do anyway but they want it on record. I thought this would be an opportune time to raise the fact that I don't have a written contract and to clarify the situation with holiday pay.

Before I start rocking the boat (nobody else appears to receive paid holiday and expressed horror that I was going to ask for it ) can anyone clarify for me what holiday pay I'd actually be entitled to? Will I need to take a big chunk of paid holiday before January (impossible) or can I have the payment in lieu?

Are you paid for term time only? Does this include an element of holiday pay? If so then you are probably excepted to take your holiday in the holiday as you are paid for it. Do you have a contract which confirms this?

No, I'm paid weekly all through the year - whatever hours I work in any given week, I'm paid for the following week. They're incredibly flexible in that I was able to work almost full time hours throughout the summer but returned to weekend only work during the university year (I'm a student). I will be working additional hours over Christmas and New Year, then returning to weekend only until May.

I don't have a contract.

Even discounting the extra hours in the summer and assuming I always work two days a week, 16 hours per week, that's something like 11 days pro rata holiday entitlement, or about £530 I'm owed - my problem is how on earth do I raise this issue? It's a small family business (hotel/restaurant/pub) owned by an elderly lady and managed by her daughter. As far as I can tell nobody receives paid holiday - the other staff I asked were under the impression that as part timers/students/kitchen staff they weren't actually entitled to paid holiday.

You are definitely entitled to hol pay, and a written statement of employment.

As you do weird hours your holiday entitlement is calculated using the hours you've worked over the previous 3 months. I honestly can't renember the calculation, must their payroll program should be able to work it out.

You are definitely entitled to holiday pay. Even casual paid to claim employees should be paid a certain percentage of holiday pay.

Contact your payroll provider and ask how it will be paid to you.

Also if you are on regular contracted hours and do not claim via timesheet, you are entitled to a up to date statement of particulars. You need to request this and hopefully it will explain your holiday entitlements.