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Is my boss in the right here?

Have to post anom for obvious reasons but basically I need a day off to play an important tennis match but my boss said he won’t pay me for this even though it counts as holiday leave? I’ve told him this in good time, just wondering if holiday pay and what not works differently in pubs.
I think and this may be wrong that it depends whether he is happy for you to take leave or not.

Assuming you are an employee and not “self employed” and have holiday entitlement left then if he wants you to take holiday then he is in the wrong.

He may be saying he wants you in and refusing you paid leave (which I think he can do). This means that if you take the day off it will be against his wishes but should not count against your holiday entitlement.

Sorry if that is messy but I hope the point stands
Reply 2
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Kindred
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Original post by Anonymous
Have to post anom for obvious reasons but basically I need a day off to play an important tennis match but my boss said he won’t pay me for this even though it counts as holiday leave? I’ve told him this in good time, just wondering if holiday pay and what not works differently in pubs.


Depends on your contract. You'll need to check your contract to see what holiday you are allowed in paid and unpaid leave, how much notice you need to give etc. Sounds like he's letting you take the day off, just not as paid leave so thats something at least. You'll still be able to go to your match.
Reply 3
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Original post by SteveyStack
I think and this may be wrong that it depends whether he is happy for you to take leave or not.

Assuming you are an employee and not “self employed” and have holiday entitlement left then if he wants you to take holiday then he is in the wrong.

He may be saying he wants you in and refusing you paid leave (which I think he can do). This means that if you take the day off it will be against his wishes but should not count against your holiday entitlement.

Sorry if that is messy but I hope the point stands


Thanks for the comment, basically he’s saying I can take it as I’ve given him enough notice, but still won’t pay me for it.
Reply 4
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Original post by Kindred
Depends on your contract. You'll need to check your contract to see what holiday you are allowed in paid and unpaid leave, how much notice you need to give etc. Sounds like he's letting you take the day off, just not as paid leave so thats something at least. You'll still be able to go to your match.

I have not got a contract, as I’m only employed as a pot washer and back from the summer because of university. Yeah I’m happy he’s allowed it as it’s important tennis practice for me, but it’s a bit of a bummer it’s not paid.
I find it strange you don’t have a contract. You should I believe. Employers have to give paid leave but if it’s a summer job you may not have accrued any yet so he is within his rights not to pay you for it. However this means you should receive a payment for leave not taken upon the end of your employment. How much do you get paid as some employers pay you above min wage but include holiday pay in your usual pay slip!

I understand if you don’t want to reveal how much btw lol
Reply 6
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Kindred
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Original post by Anonymous
I have not got a contract, as I’m only employed as a pot washer and back from the summer because of university. Yeah I’m happy he’s allowed it as it’s important tennis practice for me, but it’s a bit of a bummer it’s not paid.


If you have no contract it's really hard to tell what you should be getting. There are some laws and guidelines that you can find on the .gov website, but past any legal requirements it's just down to whatever you agreed on. If you didn't agree on any specifics I would assume the bare minimum as required by law.
Reply 7
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Original post by SteveyStack
I find it strange you don’t have a contract. You should I believe. Employers have to give paid leave but if it’s a summer job you may not have accrued any yet so he is within his rights not to pay you for it. However this means you should receive a payment for leave not taken upon the end of your employment. How much do you get paid as some employers pay you above min wage but include holiday pay in your usual pay slip!

I understand if you don’t want to reveal how much btw lol


Get paid £7.50 hourly
Reply 8
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Original post by Kindred
If you have no contract it's really hard to tell what you should be getting. There are some laws and guidelines that you can find on the .gov website, but past any legal requirements it's just down to whatever you agreed on. If you didn't agree on any specifics I would assume the bare minimum as required by law.


Yeah nothing was really agreed apart from it being a summer job, and what I would get paid per hour. I will check out the website you mentioned, many thanks.
Reply 9
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3121
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If you’re entitled to a holiday leave and gave enough notice then he’s absolutely in the wrong, unless he made it clear he can’t make arrangements to cover (which doesn’t sound like the case as he granted you the leave) so even still he’d probably be in the wrong as that’s his problem not yours.

You’ll have to refer to your employee agreement for any clauses but if you’re entitled to holiday leave then you’re allowed to use it. I suggest speaking to HR and seeking compensation if he was in the wrong.
(edited 4 years ago)
Original post by 3121
If you’re entitled to a holiday leave and gave enough notice then he’s absolutely in the wrong, unless he made it clear he can’t make arrangements to cover (which doesn’t sound like the case as he granted you the leave) so even still he’d probably be in the wrong as that’s his problem not yours.

You’ll have to refer to your employee agreement for any clauses but if you’re entitled to holiday leave then you’re allowed to use it. I suggest speaking to HR and seeking compensation if he was in the wrong.


Many thanks for your comment, problem is there is no HR as I work in a pub and I don’t even have a signed contract as such as we made a summer job agreement. It just seems odd he won’t pay for holiday leave, wondering if it’s like that working in pubs though.
Reply 11
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3121
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Original post by Anonymous
Many thanks for your comment, problem is there is no HR as I work in a pub and I don’t even have a signed contract as such as we made a summer job agreement. It just seems odd he won’t pay for holiday leave, wondering if it’s like that working in pubs though.

Oh… are you being paid cash in hand? Are your hours contracted in the agreement or is decided weekly as needed?
Original post by 3121
Oh… are you being paid cash in hand? Are your hours contracted in the agreement or is decided weekly as needed?

Paid cash in hand, and the amount of hours is agreed weekly yes.
Reply 13
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Original post by Anonymous
Paid cash in hand, and the amount of hours is agreed weekly yes.

Oh then you’re definitely not entitled to holiday pay. You’re unemployed as far as the law is concerned. I suggest a recording of him paying someone cash in hand then using it as leverage since it’s illegal. Some might call it blackmail but like they say, 2 wrongs make a right
Original post by 3121
Oh then you’re definitely not entitled to holiday pay. You’re unemployed as far as the law is concerned. I suggest a recording of him paying someone cash in hand then using it as leverage since it’s illegal. Some might call it blackmail but like they say, 2 wrongs make a right

Ah right fair enough, this is why I made a thread on it to see what is what. Well that’s annoying, but my tennis will benefit from the match as I’m aiming to make the University BUCS team. Thanks for your help btw.
I would personally leave it as you might want a reference from him in the future. Also if the cash in hand is decent I wouldn’t complain. This sort of stuff while illegal happens all the time. I do however not know if there is any issues in regards to you accepting cash in hand
Original post by SteveyStack
I would personally leave it as you might want a reference from him in the future. Also if the cash in hand is decent I wouldn’t complain. This sort of stuff while illegal happens all the time. I do however not know if there is any issues in regards to you accepting cash in hand


Yeah I’m going to let it slide as there are few jobs where I live in the village, and shortly in just over a month in a half I’ll be be going back to university. Many thanks for your advice.

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