• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Holiday Pay

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Holiday Pay

    Hi,
    I need advice..
    I have been working for my employer since October and I suspect they've not been fair to they're employees.
    My self and the delivery driver have no contract and want to take holiday leave.
    I'm not sure of what our rights are as I work 20-25 hours a week and the delivery driver works 15 hours a week.
    We don't have an emplyee handbook to state what we are entitled to.
    The employer has told the delivery driver that he is not entitled to any paid holiday and hasn't taken time off at all for over a year.
    What are our rights?
    I'd very greatful for some feed back.
    Thank you in advance!
    Tags: None

  • #2
    Re: Holiday Pay

    unless you or the driver are self employed

    Calculate holiday entitlement


    The statutory entitlement is (driver) 84 hours and 0 minutes holiday.


    The employer:
    • can include bank and public holidays as part of the statutory entitlement
    • must not round down the holiday entitlement, but may round it up
    • must provide holiday pay during the statutory leave
    • can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’




    Previous answers

    Start again
    Is the holiday entitlement based on: hours worked per week
    Do you want to work out holiday: for a full leave year
    Number of hours worked per week? 15.0
    https://www.gov.uk/holiday-entitleme...ts/entitlement
    Workers have the right to:


    • get paid for leave
    • build up (‘accrue’) holiday entitlement during maternity, paternity and adoption leave
    • build up holiday entitlement while off work sick
    • choose to take holiday at the same time as sick leave
    Don't let them grind you down

    Comment


    • #3
      Re: Holiday Pay

      Calculate holiday entitlement

      The statutory entitlement is(you )69 hours and 48 minutes holiday.


      The employer:
      • can include bank and public holidays as part of the statutory entitlement
      • must not round down the holiday entitlement, but may round it up
      • must provide holiday pay during the statutory leave
      • can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’




      Previous answers

      Start again
      Is the holiday entitlement based on: hours worked per week
      Do you want to work out holiday: for someone starting part way through a leave year
      What was the employment start date? 1 October 2014
      When does the leave year start? 1 April 2015
      Number of hours worked per week? 25.0
      Don't let them grind you down

      Comment


      • #4
        Re: Holiday Pay

        Thank you so much! That's a great help. Is there a loop whole somewhere that employers can get away with not paying.
        As they claim so confidently that we're not entitled to any holiday.

        Comment


        • #5
          Re: Holiday Pay

          Once an employee starts work details of holidays and holiday pay entitlement should be found in the employee's written contract, where there is one, or a written statement of employment particulars given to employees by their employer.

          Note: The written statement is required by law and must be given to employees by the employer no later than two months after the start of employment.

          Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks of paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week of leave should allow workers to be away from work for a week - i.e. it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 28 days leave. However, for a worker who works 6 days a week the statutory entitlement is capped at 28 days. If they work a three-day week, the entitlement is 16.8 days leave. Employers can set the times that workers take their leave, for example for a Christmas shut down. If a worker's employment ends, they have a right to be paid for the leave due and not taken.

          more info
          https://www.citizensadvice.org.uk/wo...d-holiday-pay/


          http://www.acas.org.uk/media/pdf/5/h/Acas-guide-Holidays-and-holiday-pay.pdf



          Don't let them grind you down

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse

          Welcome to LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X