I work part time but not getting holiday pay, is this illegal?

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AngelsandFairies
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I work part time, 4 days a week for at least 8 hours per day.
I've had about a week off for Christmas but employer is refusing to pay holiday money?
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Emma:-)
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(Original post by AngelsandFairies)
I work part time, 4 days a week for at least 8 hours per day.
I've had about a week off for Christmas but employer is refusing to pay holiday money?
Are you a permanent employee or bank/agency staff?
What does it say in your contract about holiday pay?
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AngelsandFairies
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(Original post by Emma:-))
Are you a permanent employee or bank/agency staff?
What does it say in your contract about holiday pay?
I am a permanent employee. I haven't read anything about holiday pay in my contract.
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marple
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(Original post by AngelsandFairies)
I am a permanent employee. I haven't read anything about holiday pay in my contract.
There are legal minimums that your employer must follow:

https://www.gov.uk/holiday-entitlement-rights
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Emma:-)
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(Original post by AngelsandFairies)
I am a permanent employee. I haven't read anything about holiday pay in my contract.
Id check your contract- surely it should say how many days holiday a year you are entitled to etc.
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AngelsandFairies
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(Original post by Emma:-))
Id check your contract- surely it should say how many days holiday a year you are entitled to etc.
It says I get 28 days holiday per year.
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Notoriety
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You're entitled to 5.6 weeks off a year. You are to be paid as if you were in work for those 5.6 weeks. Your contract can only give you more than this, rather than less. (going off memory, but I think it's 5.6 anyway)

Your contract might say that your works closes for Christmas -- effectively you might only have a 51-week contract rather than 52. Who knows.

If you did use your holiday entitlement, then you are entitled to be paid for it. Talk to your employer about it; preferably get their reasons in writing. If they don't pay up, you can put in a grievance and take them to an employment tribunal to recover it.
Last edited by Notoriety; 1 year ago
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Emma:-)
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(Original post by Notoriety)
You're entitled to 5.6 weeks off a year. You are to be paid as if you were in work for those 5.6 works. Your contract can only give you more than this, rather than less. (going off memory, but I think it's 5.6 anyway)

Your contract might say that your works closes for Christmas -- effectively you might only have a 51-week contract rather than 52. Who knows.

If you did use your holiday entitlement, then you are entitled to be paid for it. Talk to your employer about it; preferably get their reasons in writing. If they don't pay up, you can put in a grievance and take them to an employment tribunal to recover it.
Exactly
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AngelsandFairies
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(Original post by Emma:-))
Exactly
(Original post by Notoriety)
You're entitled to 5.6 weeks off a year. You are to be paid as if you were in work for those 5.6 weeks. Your contract can only give you more than this, rather than less. (going off memory, but I think it's 5.6 anyway)

Your contract might say that your works closes for Christmas -- effectively you might only have a 51-week contract rather than 52. Who knows.

If you did use your holiday entitlement, then you are entitled to be paid for it. Talk to your employer about it; preferably get their reasons in writing. If they don't pay up, you can put in a grievance and take them to an employment tribunal to recover it.
So are you saying they're violating this?
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bones-mccoy
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If your workplace closes for Christmas then no one gets pay, they're just closed. If you've asked for the week off then they should be paying you holiday pay.
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Emma:-)
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(Original post by bones-mccoy)
If your workplace closes for Christmas then no one gets pay, they're just closed. If you've asked for the week off then they should be paying you holiday pay.
Not always. It depends on the workplace.
For example ive worked at 2 different nurseries. Both were closed for christmas and new year. For both, we got paid for those days that we were closed.
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bones-mccoy
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(Original post by Emma:-))
Not always. It depends on the workplace.
For example ive worked at 2 different nurseries. Both were closed for christmas and new year. For both, we got paid for those days that we were closed.


Depends what kind of job, though, doesn't it? The only day everyone got off at my work was Christmas day and our manager put it through as holiday without consulting any of us which is unfair as we should at least have the choice. Most of us only work 3/4 days a week so would rather have had Christmas day as a day we just didn't work rather than holiday.
Last edited by bones-mccoy; 1 year ago
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DrawTheLine
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If you booked it off as holiday then they have to pay you. If you didn't book it as holiday then it's unpaid leave.

I took 3 weeks off work for the Christmas break but made it clear it was to be marked as unpaid leave because I don't get that much holiday entitlement.
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swelshie
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Your holiday pay is based on contracted hours as well: e.g: I did about 30 hours per week for over a year but holiday pay was just 16 hrs pw. (the other 14 hours was considered voluntary overtime).
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