Question about holiday pay.

Hank_Jones

Was hoping somebody could help me with this.

I work part time and have done since the middle of last year, but never took any holidays or got any holiday pay at all.

Does my holiday pay carry over from last year?
As I'm having a few issues over this.

Any help on the subject would be appreciated.

Panthro

Bump this as I'm in a similar situation.
Was told that the working year is from April 2010 to March 2011 for part time workers, and my holiday pay doesn't carry over to the next year.
Advice on what to do appriciated as I received a letter from my employer which doesn't specify anything about holiday entitlements.
One of the lads went to citizen's advice with the letter he was given and he was told the letter wasn't worth the paper it was written on as it was not dated or had a signature on it and hadn't much of a leg to stand on regarding holiday pay.
I wrote on the letter:
"I wish to have my holiday wages owed to me from May 2010 to 21st Feb 2011 paid to me" signed and dated it, and got the boss to sign and date it too.
Is that enough for proof that I have a claim in for my holiday pay?

Apologies Hank don't mean to hijack, think we are in a similar boat.

Clauric

This is a reply to both situations.

In general, the holiday pay period is from when you first join through to December of that year.

With regard to holiday pay, you can not be paid for it, in lieu of taking it. You must take it. It is up to the employer to ensure that you take it.

The amount of holidays that you receive is conditional on a number of factors. By law everybody is entitled to 20 days holidays per year, on a pro rata system. That means that if you work 3 days a week, you would get 12 days holidays over 4 works. Similarily, if you work full time, 5 days a week, you get 20 days, over 4 weeks. Your employer may give you more days if you wish, but never less than your entitled to.

The calculation of your holiday pay is based on the amount of hours you work. There are three ways of calculating it, and it is whichever is the most advantageous for the employee.

1) If you work more than 1400 or so hours per year, then you are entitled to 20 days leave.

2) If you worked more than 117 hours per month, you are entitled to 1.67 days per month that you have worked.

3) If you worked less than 117 hours per month, then you are entitled to 8% of the hours you have worked for holiday pay.

If you have any questions regarding this, please feel free to PM me.

Panthro

Cheers for the reply Clauric.
I thought I could just make a claim for it and I'd get it.
Just off the phone to citizens advice there, they said for part time work the year is from April to April, so does that mean I should take any holiday hours owed to me between now and the end of April?

daenerysstormborn3

Yes you should.

Some employers will offer employees the opportunity to "get paid" for a certain amount of time off, my last place would allow people to carry up to 5 days over to the following period or receive up to 5 days pay.

Panthro

we were told holiday pay won't carry over to the next year.
Also, we get paid a flat rate of €5 per hour and €1.50 per delivery, and according to citizen's advice, they have to calculate the average wage per hour over the last 13 weeks and multiply it by 8% of the total hours I've worked since joining.
Anyone know who would write up a formal letter saying this for definate, as my boss is pretty hard to approach with these issues.

Panthro

Advice needed folks.
Been chasing the boss up about the holiday pay, tried to get him to to find out exactly how many hours are owed to me as I wanted to negociate when I would take them between now and the end of April (apparently once April comes my holiday pay for the year won't carry over into next year)

He basically keeps fogging me off with "I'll get onto X and see what hours you are owed" for the past week or so. It doesn't take much to pick up the phone, ring who he has to ring and find out in fairness. My fear is he will keep doing this until the end of April, turn around and say "sorry, holiday pay doesn't carry over, deadline passed, tough shít"

He normally rings me asking what hours can I work for the week ahead, so today I'm thinking of saying "how many holiday hours am I owed?" ..(most likely response..) "eh, I don't know yet".
To which I'll just say can't work, I'm taking my holidays.

Good idea or bad idea? Or what sort of notice am I legally required to give him?