Bank holidays not paid

makrosster

Hi

I have been working for last three years for small company as part timer ( 24 hours a week ). When I started there I boss told me that as part time worker I will not get paid for public holidays.

I spoke to my employer and submitted a payment claim for my public holidays for last three years. Then he handed this letter to me:

“ (I )… has submitted a claim for payment of his entitlement for public bank holidays covering his term of employment from the date of commencement in May 2008 to date… ( three years)
On consulting the legislation it appears that he is entitled to claim one fifth (20%) of his weekly wage in respect of every public holiday during the year…
The company has been making substantial losses in recent years and is not in cash flow position to pay the arrears immediately. It is proposed to pay the arrears over a period of time up to 31st December 2011
It is noted that ( I ) was originally employed to operate crystal engraving machine.
The demand for this service now is only sporadic and does not justify employment of 24 hours a week. “

My employer forget to add that I was employed to operate other machines and worked as general IT for company, and that during time of employment he submitted me other duties too.

No one else in my company got a letter like I did. I believe that I was the only one because I have asked for my bank holidays to be paid. Other employees get paid for bank holidays and I am the only one who doesn’t.

What should I do? Obviously I would like to get my money as soon as possible. Is it legal that he will give me money back over next few months?

littlemac1980

The situation you describe is such that it would seem your employer may be prevented from acting in the manner they have on account of a number of statutory laws enacted to protect workers like you.

I would recommend bringing the response you received to a good employment law solicitor who could advise you appropriately on how to proceed.

Bearing in mind that you (presumably) want to keep your job, and your 24 hours a week, it might be best to approach your situation cautiously and a good solicitor is what you require in the circumstances. That would be my advice anyway, though it mightn't be exactly the type of advice you were looking for.

There are strict and short time limits in seeking certain types of employment law remedies and thus I think seeking professional advice earlier rather than later is advisable.

Fred Cohen

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