Holiday Page

[fredrick_more]

Hi Guys,

I’m really in need of your help. I’ve been working at a Garden Centre in the aquatic department for over 3 years now (retail assistant); mainly part time and currently do about 32-36 hours a week. I have no contract, no statement of employment, although I believe legal I’m suppose to.

Since I’ve been working there, my holiday page has not been right (only found out last 3/4 months) so I ask my boss, he said he would look into, so a month goes by, ask him again, and again a month went by. So I started asking him more and more regularly. So he said I would have to see his wife (who also works at the business, who does the wages). So I went and spoke to her and she said she would phone up the account to see how it works, however she believed holiday pay was done pro rota.

So again a few weeks go by, so I ask my boss if his wife phoned the account and was told to see her, which I did about a week ago and was told that she told him what they said and I would have to see him, however he’s on holiday till early next week.

Also I don’t know if it matters but I've been told that they are part of the agriculture wages board.

And I'm really wondering where I said, as I’m getting stung twice, less days because I’m part-time and less money cause I’m part-time, which doesn’t seem right. So any advice or anything would be so appreciated, as this as been going on for months and is really starting to annoy me, and I go on holiday soon so need it sorting before then.

Cheers
Philip
Nottingham

[retailworld]

The minimum holiday pay is 4.8 weeks a year, pro-rata for part-timers.

You need to look at your average working week, over a period of 12 weeks, to determine how much pay you're entitled to. For if you work 30 hours a week regularly, then you should have 144 hours holiday pay (18 x 8 hour days).

The following link should help:
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027738

[fredrick_more]

Sorry, i dont think i explained my self proberly,

My actual pay is also pro-rota, so as well as having only 18-19 days holiday, i get paid for about 4.8 (i think) hours for 1 holiday pay, so for example,

if i was on £5.50 hour and i took one paid holiday day, i would get paid £26.40 (4.8 hours x by hourly rate) instead of getting paid for a 8 hour day.

Does that make sense?

[retailworld]

Yes it does, and that's not correct.

If you work say, 30 hours a week, and take a weeks paid holiday, you should be paid 30 hours at your hourly rate.

You'd need to take into acount paid/unpaid breaks though. For example, for an 8 hour day you may only be paid 7.75 hours, with a 15 min unpaid break.

So you need to check what you're actually going to get - but basically you should be getting 18 days hol at 8 hours a day, or 24 days holiday at 6 hours a day - its the same.

[fredrick_more]

Thank you Richard,

I did suspect this, however this being my first job and only being 19 im not sure on the understandings of the law, thank you for confirming it for me.

Lastly, if my boss refuses to pay me what im legaly allowed, what action can i take? Also have i a right to be ask for the money he owes me from the previous holiday days (be back dated?).

Cheers
Phil

[retailworld]

I'm not exactly sure Phil, so I'm not best placed to advise.

Your best course of action should be to nip down to your local Citizens Advice - they will be able to help and also maybe speak to your employer.

You could simply report them for not compliying with statutory rest breaks/holiday periods, but you'd only be burning the bridge at this stage.

I asusme you're not in a union? They deal with this sort of stuff.

[fredrick_more]

Im not, my employer, isnt the type of person to tell you what you can do or what your suppose to do etc.

Anyway, im going to speak to him today and say what im suppose to have and that i want it sorting by proberly monday afternoon. Im going to try and get the pay i missed back dated as well, as my boss will always try and "do you over" where ever you can.

[retailworld]

Not the answer you'd want to hear, but if its that much of an issue, I'm sure there are plenty of other potential employers out there who you could work for.

How did it go today?

[fredrick_more]

Well, i told him what i should be on, and what im currently on.

And he basicly said that we will sort it out tomorrow, once hes called the accountant up amd asked him.

Which was suppose to happen a month ago.