Holiday pay

[ksa103]

Not sure what to do. I work for a small business that employs around 6 people. It's irregular hours of 7-18 hours per week. I've been working there for a year. I've not been paid for any holiday, only hours I've actually worked.
I asked my boss a couple of weeks ago and she just said she doesn't pay holiday pay. I'm pretty sure I'm entitled to it though! I thought about going to Citizens Advice, but I'm not too sure how to tackle this. Any thoughts? Thanks.

Do you have a contract if so how many hours is it for?

You are entitled to the equivalent of 5.6 weeks paid holiday.

Even on a 0 hour contract you would get paid annual leave once you have accrued it. Ring ACAS.

All workers in the EU are entitled to holiday pay. Employers can't opt out!

www.acas.org.uk/index.aspx?articleid=4109

Thanks. I don't have a contract, although I have all my payslips, email communications with boss etc. I've worked for her about 9 months now. She produced a contract last week, incidentally, for me to sign and backdate. Which I won't be doing. I'm not happy with several parts of the contract...even my rate of pay is incorrect.
I shall contact Acas.
Thanks again.

Definitely call acas.

Are you sure that the holiday pay isn't already factored in to your hourly rate? Employers certainly can't opt out of paying holiday pay, but some staff on zero hour contracts do just get paid the holiday pay with each claim that they put in. I would presume that this would be reflected in the pay slip though.

Just wondered, as you mentioned that your actual hourly rate and the contractual amount are different. If the actual amount is higher than what's in your contract, it may be that the holiday pay is making up the difference?

They've been paying you to do a job. I think that counts as a contract, albeit an unwritten one. Also the letter of appointment that you were sent when you were first employed would amount to a contract. You should be entitled to all the rights of an employee, including paid holiday.
I agree with other posters that you need advice and acas is a good place to start.

You might find this Paid Leave Calculator useful.

"she just said she doesn't pay holiday pay"

It's not a optional thing employers can decide whether to do or not, it's a statutory entitlement. And it isn't lawful to roll it up into your hourly rate either.

And it isn't lawful to roll it up into your hourly rate either.

Can I ask about this, flowery? I understand that organisations can't just roll the holiday pay into their standard hourly rate and then claim that the rate includes holiday pay. However, I'm aware of lots of organisations which add the holiday pay onto each hourly claim, so that people are contracted to work for e.g £20 per hour but actually claim e.g. £22 for each hour worked to reflect holiday pay accrued at the standard percentage for that employer. Are you saying that employers shouldn't do this, or is it merely the case that they need to be explicit about which parts of the payment are wages and which parts are holiday pay?

French in general holiday should be paid at the time it is actually taken unless employment is terminating. For casual workers on short term assignments it’s usually paid in a lump at the end of the assignment.

If there is an agreement that the employer will pay some holiday pay each pay period, to be offset against holiday which will be taken later, this is lawful as long as it’s very clear and the holiday element is completely separate. (I think this shouldn’t be lawful personally as I think it discourages people from actually taking time off which is the whole point of the legislation. But doing it that way is lawful.)

Obviously with the OP there is no such arrangement so the employer would not be able to claim this is what has been happening.

Are you definitely PAYE? If you are having tax and NI deducted from your wages, then add up all of the gross pay you have received since April (I would guess as most commonly, holiday periods run from Apr-Mar). Multiply this by 12.07% and this will give you in pounds, how much holiday you should have accrued. Then divide this figure by your hourly pay rate and that will give you the number of hours you have accrued.

If they have rolled up your holiday pay into your hourly rate - they should have made you explicitly aware of this. It's dodgy ground and you could take them to tribunal if they haven't made you aware and had you sign something to say that you have read and understood.

I'm definitely PAYE. When I asked my employer about holiday pay about 3 weeks ago she actually said she doesn't pay it!
I've spoken to Citizens Advice and ACAS. Following their advice I've asked for a meeting with my boss to discuss it, and have put my grievance in writing to give her then too.
I've calculated that I should have received just over £400 in holiday pay since I started working for her last year.

That's the 8th thread you've posted on YayaMarie where your solution is to contact problempercy. Reported I'm afraid. Promoting a website is not allowed.

DS had a zero hours contract in a bar of a rugby club, he got paid holiday pay when he left. He also worked ten hours a week at Tesco, his holiday entitlement was on his wage slip, the more extra shifts he did the more the entitlement increased on his pay slip.

Good luck OP.

If the others don't get holiday they need to know this too

I just used calculator and it's spot on for my job.

I work 16 hrs in 2 shifts and get 11.2 days holiday.

Thanks so much everyone for advice and support. It's not been an easy week!
I met with my boss and explained about my holiday pay entitlement and gave a letter with the amount I'm owed stated in it. She wasn't happy. I said in the letter that she needs to get back to me in writing by a certain date.
I also discussed Employers Liability Insurance with her (she only has Public Liability and her own personal insurance), pension and SSP.
I shall see what she says. If she doesn't get back to me about the insurance in the next few days I will have to decide if I need to take any action, although I'm not sure what.