Holiday entitlement and untaken holiday
Discussion
My other OH is having some issues at work with her boss regarding her holiday. I’ll try and keep this short. She is working at a small independent retail clothes shop ran by her boss. She is the only full time employee (bar her boss) along with a Saturday girl and another one who works part time. She started working there full time (5 days a week) after Uni, 1st June, but however worked there part time a year before that. She hasn’t signed an employment contract but her boss has been sorting one out which she gave to my OH to look over only (not signed) and then gave it back to her as her boss wanted to discuss giving her a pay rise and title of assistant manager in early January. I looked over the contract which was a standard template type job and I am pretty sure I remember it saying 20 days holiday (excluding bank holidays) Standard minimum. The shop is closed on bank holidays.
That’s the back story. She hasn’t been able to take much of her holiday due to there not being much cover. As calculated she should have 11.5 days to take between 1st June and December 31st. This was agreed as being correct with her boss. My OH has taken 6 days and it has been agreed she can carry 1.5 over for a holiday we have in January. Leaving her with 4 which had been agreed she would be paid for as she would be wanted in all of December excluding Christmas Day and Boxing day. Her boss is now saying, no, she has 20 days holiday including bank holidays and she is owned no holiday pay. She is having a meeting with her tomorrow to discuss my OH’s ‘confusion’ over the holiday matter.
First of all by my calculations using the .gov holiday calculator she should have 16.4 with bank holidays. -3 (25th August and 2 in December) for the bank holidays and the 6 and 1.5 leaves her with actually 5.9 unless I have gone wrong somewhere? She has spoken with ACAS this morning who have said if she can’t take the time off or carry it over then she MUST be paid for it or leaves her boss open to a tribunal.
Now obviously she doesn’t want to fall out with her boss about this but she has already been less than easy about the situation. Any tips for how to go about effectively telling her boss she is wrong and that she must be either allowed the time off, allowed to carry it over or paid for it. She wishes to continue working there for at least the short term and enjoys it when her boss isn’t being difficult. I’ve printed off the ACAS holidays entitlement leaflet and final summary page from the .gov holiday calculator for her to take in and show her boss.
Thanks.
That’s the back story. She hasn’t been able to take much of her holiday due to there not being much cover. As calculated she should have 11.5 days to take between 1st June and December 31st. This was agreed as being correct with her boss. My OH has taken 6 days and it has been agreed she can carry 1.5 over for a holiday we have in January. Leaving her with 4 which had been agreed she would be paid for as she would be wanted in all of December excluding Christmas Day and Boxing day. Her boss is now saying, no, she has 20 days holiday including bank holidays and she is owned no holiday pay. She is having a meeting with her tomorrow to discuss my OH’s ‘confusion’ over the holiday matter.
First of all by my calculations using the .gov holiday calculator she should have 16.4 with bank holidays. -3 (25th August and 2 in December) for the bank holidays and the 6 and 1.5 leaves her with actually 5.9 unless I have gone wrong somewhere? She has spoken with ACAS this morning who have said if she can’t take the time off or carry it over then she MUST be paid for it or leaves her boss open to a tribunal.
Now obviously she doesn’t want to fall out with her boss about this but she has already been less than easy about the situation. Any tips for how to go about effectively telling her boss she is wrong and that she must be either allowed the time off, allowed to carry it over or paid for it. She wishes to continue working there for at least the short term and enjoys it when her boss isn’t being difficult. I’ve printed off the ACAS holidays entitlement leaflet and final summary page from the .gov holiday calculator for her to take in and show her boss.
Thanks.
https://www.gov.uk/holiday-entitlement-rights/enti...
"Most workers who work a 5-day week must receive 28 days’ paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
...
Bank or public holidays do not have to be given as paid leave.
An employer can choose to include bank holidays as part of a worker’s statutory annual leave."
20 including BH's is bulls
t.
"Most workers who work a 5-day week must receive 28 days’ paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
...
Bank or public holidays do not have to be given as paid leave.
An employer can choose to include bank holidays as part of a worker’s statutory annual leave."
20 including BH's is bulls
t.Graham said:
plenty of firms wont pay holiday if you dont take it...
I agree, however I think the difference here is the fact that she hasn't actually been allowed to take it because of cover and needing the shop open. She would have happily taken it if she'd been able to which was what ACAS have said. If she wasn't able to take it then she is entitled to be paid for it. Plus the fact her boss is incorrect regarding her holiday entitlement.Edited by Sowler on Thursday 18th December 14:31
illmonkey said:
https://www.gov.uk/holiday-entitlement-rights/enti...
"Most workers who work a 5-day week must receive 28 days’ paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
...
Bank or public holidays do not have to be given as paid leave.
An employer can choose to include bank holidays as part of a worker’s statutory annual leave."
20 including BH's is bullst.
She started on 1st June and I read it as 20 including bank holidays being pro-rata."Most workers who work a 5-day week must receive 28 days’ paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
...
Bank or public holidays do not have to be given as paid leave.
An employer can choose to include bank holidays as part of a worker’s statutory annual leave."
20 including BH's is bulls
t.The whole situation is a mess but the OP's calculations appear bang-on to me. You aren't even meant to pay in lieu of or roll over holidays below the statutory minimum so the boss is definitely full of crap.
Boss is playing at it - any employment has to provide holidays for employed staff and dont be fobbed off with the its too busy or I have no cover..... its their issue as the employer and they have to sort it out. Dont let it grow legs though and get it sorted sooner rather than later or this will indicate the way things will progress. Ask for the holiday policy in black and white. get them to confirm the terms and conditions....
Another point to watch out for is bank holidays being passed off as a standard non-working day (ie. weekend,) in an otherwise full working week.
IANAL, but assuming the shop is normally open 7 days/week with staff working 5 days and having 2 off; bank holidays shouldn't be counted as one of their 2 days off that week, unless it is added to their holiday entitlement.
IANAL, but assuming the shop is normally open 7 days/week with staff working 5 days and having 2 off; bank holidays shouldn't be counted as one of their 2 days off that week, unless it is added to their holiday entitlement.
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