Holiday entitlement and untaken holiday

[Sowler]

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.

[Sowler]

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