problems getting holiday pay

moretothegirl

I hope this is the right forum!
Basically I have been working in a little touristy place part time for a few years now and there is no longer a job there for me anymore as its shutting.
I was of the opinion that I was entitled to receive my holiday pay in money because I never actually took any holiday leave so I was of the opinion I would be entitled to quite a bit.

Anyway having a really hard time getting it out of them they are pretty much refusing so I just need to double check that I am within my rights to look for this before I do anything about it.

Can anyone clarify this to me that I am in fact definitely entitled to this money? I was starting to have doubts that perhaps since I was working part time I might not be?!!

timetogetfit

read this

http://www.askaboutmoney.com/showthread.php?t=38046

tatli_lokma

did you have a contract? if so you need to check this.

However, most places will only allow you take your holidays within a set time - usually within the annual leave year. So for example, if your annual leave year runs from Jan-Dec then in 2010 you should take any leave due to you before the end of December. Some places allow you to carry it over til Jan or Feb, but that is at their discretion. any holidays not taken in the allotted AL year are lost and not paid for.

did you ever receive payment for days you did not work? for eg, at christmas or easter did you receive any payment when you were not working?

I know it is bad form of the employer not to monitor your AL and check that you use your entitlement, however the responsibility is on the employee to request time off and ensure they get their allowance. If you went years without taking a paid holiday, then really you have very little cause for recourse. You didn't take your holidays so therefore you lost them.

However, you could get the holidays you are due in this year. The rate of AL is a minimum of 8% of the total hours worked (I think). So you need to calculate how many hours you have worked this year to date and then calculate your leave allowance from that.

The holidays for previous years are lost and gone forever I'm afraid - unless you got some sort of paid holidays over christmas/easter etc.

moretothegirl

Cincikchick wrote: »

did you have a contract? if so you need to check this.

However, most places will only allow you take your holidays within a set time - usually within the annual leave year. So for example, if your annual leave year runs from Jan-Dec then in 2010 you should take any leave due to you before the end of December. Some places allow you to carry it over til Jan or Feb, but that is at their discretion. any holidays not taken in the allotted AL year are lost and not paid for.

did you ever receive payment for days you did not work? for eg, at christmas or easter did you receive any payment when you were not working?

I know it is bad form of the employer not to monitor your AL and check that you use your entitlement, however the responsibility is on the employee to request time off and ensure they get their allowance. If you went years without taking a paid holiday, then really you have very little cause for recourse. You didn't take your holidays so therefore you lost them.

However, you could get the holidays you are due in this year. The rate of AL is a minimum of 8% of the total hours worked (I think). So you need to calculate how many hours you have worked this year to date and then calculate your leave allowance from that.

The holidays for previous years are lost and gone forever I'm afraid - unless you got some sort of paid holidays over christmas/easter etc.

I completely understand that I am only entitled to this years holiday pay. Thats perfectly fair and that's all I am looking for. I don't have a copy of my contract but does anybody know, am I definitely entitled to holiday pay as a part time employee this year, or could there be something in my contract that might let them get away without paying it to me?

eejoynt

you are absolutely within your rights on this one see link

if you have worked there for more than two years continuous ypu are also entitled to redundancy

contact nera

http://www.unionconnect.ie/rights/3/

moretothegirl

eejoynt wrote: »

you are absolutely within your rights on this one see link

if you have worked there for more than two years continuous ypu are also entitled to redundancy

contact nera

http://www.unionconnect.ie/rights/3/

Thank you so much for reassuring me on that one.
Re: redundancy, I never even thought of looking for that. I worked in a tourist seaside business, up until now I had been kept on in the winter because they had an inside section so I had been working Part time for 3 years. However the inside section has been removed now and so there is no work for me anymore as the summer is over..... do you think I am still entitled to redundancy taking this into account? I know my employer would say I am working a seasonal job but technically I have been working straight through for 3 years unlike the other employees who would come and work just in the summers.

eejoynt

it is 104 weeks continuous service this was brought in in the 2003 act specifically to cover part time workers

go to the employment appeals tribunal website and look in the publications section for decisions with the prefix RP