Holiday Pay Entitlement

[Bella13]

I am a manager of a small Cafe, I have worked there for just over three years. My hours do vary from month to month from 140-170 hours. I have no contract at all. I do get payslips and pay tax, NI and pension etc but I get no holiday pay at all. Should I be getting holiday pay even though I have no contract? Thank you.

 

[Scalloway]

Holiday entitlement

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

 

[Mr D]

I am a manager of a small Cafe, I have worked there for just over three years. My hours do vary from month to month from 140-170 hours. I have no contract at all. I do get payslips and pay tax, NI and pension etc but I get no holiday pay at all. Should I be getting holiday pay even though I have no contract? Thank you.

Your legal minimum for paid holidays is 28 days a year.

You take time off but do not get paid at all for it?

You have a contract - you turn up for work and you get paid. That's a contract.
Just not as pretty as a piece of paper with contract written on it. Which your employer should provide soon after you started working for the business.

 

[Bella13]

Your legal minimum for paid holidays is 28 days a year.

You take time off but do not get paid at all for it?

You have a contract - you turn up for work and you get paid. That's a contract.
Just not as pretty as a piece of paper with contract written on it. Which your employer should provide soon after you started working for the business.

No, if I take time off I don't get paid for it and over the Christmas period the owner shut the cafe for 12 days so thats 12 days unpaid which I didn't choose

 

[Newchodge]

You are entiled to 5.6 weeks' paid holiday each year. Discuss with the owner and talk to ACAS.

 

[Mr D]

No, if I take time off I don't get paid for it and over the Christmas period the owner shut the cafe for 12 days so thats 12 days unpaid which I didn't choose

12 days you did not choose would be normal for a business shut over a period.
Not legal to get out of paying you at least your annual leave.

Are you by any chance also getting minimum wage?

 

[Chris Ashdown]

It's easy for us to state the legal requirements but it is how you handle the news to your owner/ boss that is the harder bit, I would suggest you visit your local Citizens Advice" and explain fully what has happened and let them advice you how to handle it

As you have worked for over 2 years at the cafe they cannot just fire you for bringing up the points raised as that would be "Unfair dismissal" and enable you to claim through acas.

In your circumstances I would guess you would have a claim for all the unpaid holiday pay you have missed, but that's for the Citizens advice to sort out with you

 

[Bella13]

12 days you did not choose would be normal for a business shut over a period.
Not legal to get out of paying you at least your annual leave.

Are you by any chance also getting minimum wage?

No I am not on minimum wage... I am on £11 an hour and I know that employers could include holiday pay within the hourly rate as that was the case with my previous waitress job, however I did have a contract with previous job that stated that fact.

 

[Bella13]

It's easy for us to state the legal requirements but it is how you handle the news to your owner/ boss that is the harder bit, I would suggest you visit your local Citizens Advice" and explain fully what has happened and let them advice you how to handle it

As you have worked for over 2 years at the cafe they cannot just fire you for bringing up the points raised as that would be "Unfair dismissal" and enable you to claim through acas.

In your circumstances I would guess you would have a claim for all the unpaid holiday pay you have missed, but that's for the Citizens advice to sort out with you

Thank you very much for your advice. I will speak to the Citizens advice and hopefully get some help. I know she wouldn't fire me and in a way we are family friends. But if I do decide to go on holiday it has a massive knock on effect with trying to afford my rent and bills.

 

[Hash and Bash]

You cannot include holiday pay in the hourly rate (rolled up pay).
From the .gov site:

Rolled-up holiday pay
Holiday pay should be paid for the time when annual leave is taken. An employer cannot include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’).

 

[Newchodge]

No I am not on minimum wage... I am on £11 an hour and I know that employers could include holiday pay within the hourly rate as that was the case with my previous waitress job, however I did have a contract with previous job that stated that fact.

It may have been the case in your previous job but it is not legal. The right is to paid holiday, not to money.