Holiday hours paid as cash without discussion?

[lonelylou09]

Started my current job in local village shop 10/11 years ago. Boss said we got a 2 week holiday per year which I challenged as I knew this was incorrect so she did then reluctantly adjust all our holiday allowance based on hours worked.
It's always been difficult to get time off as whenever one of us is off it means the other person has to cover and do 7/14 days straight. So she came up with the idea of paying any unused holiday to us as cash.

Last year we wanted to move house so I saved most of my allowance thinking I could take 2 weeks off for the move but we changed our minds and then covid hit.
It was then impossible to take time off as 2 staff members went on the sick for over 4 months and although she brought in family to cover most of that there was no one to cover anyone else taking time off.
So come May I had nearly all my holiday hours left so she started adding them on to my wages instead, without me asking.

So this year now I've got roughly half my holiday hours left and have been wanting to have 1 or 2 weeks off to use them up. Thinking I have til the end of April to sort that out.
However she's once again started paying me them. At first I thought she had made a mistake and said 'you paid me double hours last week?'
She said..' yes holiday pay.. remember we had that talk about it..I've got it all written down so I'll deduct it from your holiday hours left'
I tried to say we hadn't had a talk about it that's why I was confused at the extra pay but didn't want to cause a scene in work arguing with her so I just said thanks and left it. I was thinking well I still have enough to take 2 weeks off.

However she's since written down that she paid me holiday hours in both January and February and taken them off..now I barely have enough for a week off and I'm 100% sure that she never paid me extra until this week as my wages are pretty much the same on a fortnightly basis.

So now I'm wondering how to approach this with her..yes we discussed it the previous year- after she started paying me - but not until may and on the basis that there was no one to cover my shifts so I couldn't take the time off.

This year it's not been mentioned at all and as far as I was aware I still had time to book time off.
I feel like she's done it on purpose to make me unable to take time off.

I don't understand how it works legally with unused holiday hours. But surely she should of asked me first if I wanted it as time off or pay?
That would mean in 2 years I've only had 4 weeks actual time off work.

This is so wrong
And not legal
You need to complain or report

Ring ACAS they're very helpful

She has to give you annual leave, its a legal requirement. She doesn't just get to decide to pay you extra so you don't take it, otherwise lots of places would do that.

There's lots that go on there that isn't right ..for example no breaks..I do either 7.5 hour shift or a 9.5 and never once have I ever had a break.
We are meant to accept it as if you are the only one there how can you take a break? It would mean having to close the shop

Do you not get payslips? That is also illegal

Yes we get payslips ..didn't for the first few years I was there and I've never had a contract ..nor has anyone else to my knowledge

The working time directive says if you work over 6 hours, you are entitled to a 20min break, which should be during the shift, not at the beginning or end.

This might help: www.gov.uk/holiday-entitlement-rights

@EBearhug even if it were possible there is no where we could take a break except to stand in the kitchen. There is no where to sit down

@Movistar thanks I've looked on there.. seems she is doing her own version of rolled up pay but it says renegotiate your contract ...but Ive never had one 🤣🤣

I understood that if you work full time you must get 20 days off - that includes bank holidays - these are non-negotiable.

28 days/5.6 weeks is the legal minimum.

Talk of "two weeks" is unhelpful when we don't know what your hours are.

What do you want to do about this?

@VanGoghsDog

28 days/5.6 weeks is the legal minimum.

Talk of "two weeks" is unhelpful when we don't know what your hours are.

But of those you must take 20 days - they cannot be paid in lieu.

You must take the 28 days actually.

Zero hours staff can be paid rolled up holiday.

They can't just decide you are getting money instead, you are legally entitled to time off

@VanGoghsDog
So we work on a fortnightly rota..mine is 3 x7.5 hot shifts and a 9.5 hour one week with only 2 x 7.5 hour shifts the following week.
So me saying I've had 2 weeks off equates to 6 days/shifts...hope that makes sense

@purpleme12 ideally I'd like to take the time off paid ..not the money..but getting cover is always an issue. Because the shop is open from 7am til 9pm and staffed from 6am to 9.30pm it's generally spilt between either 2 or 3 members of staff per day, with more in on delivery days.
There's 6 of us. So 2 staff to alternate the opening up, 2 for the post office and any extra, and then myself and another staff member for closing up.
So if for example I take a week off that means someone else then had to work 7 days to cover me...if I take 2 weeks off they have to do 14 days straight. So it's not fair on the other member of staff..hence she started paying us the holiday hours instead..easier for her than trying to arrange cover and no one wants to do any extra unless we have to.

She shouldn't be doing it, you're entitled to the 5.6 weeks paid per year, of "your" weeks.

But if she's paid you for the holiday anyway, you can take the time off unpaid and not be in a worse position? It seems unlikely she would dismiss you, given her tight staffing and how long she would take to replace you.

So you work (7.5*5+9.5)/2 = 47/2 = 23.5 hours per week on average.

So you are entitled to take 23.5 * 5.6 hours off per year, which = 131.6 hours off per year. You probably need to stop thinking about it in weeks because your weeks vary so you need to make sure you just look at the hours you take off.

Cover isn’t your problem. You’re entitled to your holiday

@Whatarethepictures

I understood that if you work full time you must get 20 days off - that includes bank holidays - these are non-negotiable.

No. It’s been 28 days/5.6 weeks for years now.

OP the only circumstances under which it is lawful to pay in lieu of holiday are on termination of employment. Otherwise you must be allowed to take it.

People are right.
It's not legal what she's doing
But do you want to bring this up with her? And point this out? Or report her? Or try to get another job? Or just carry on as you are?
Cos ultimately for it to change one of those things has to happen
Like people have said, cover isn't your responsibility

@VanGoghsDog I recently had checked the hours and added them up..I had 60 hours left and she then said she had paid me for 15 without asking me. She's since written in the column that she's paid me more hours but after checking my pay slips I can't find where she's over paid me

And just to back it up when I say I've only had 2 weeks off as it looks like 3 weeks on there...I had to cover for 2 weeks for the other evening shift staff member so she got her daughter to cover 2 shifts for me. The other day was boxing day and shop was closed.