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Natasha Wallis
Natasha Wallis, Mediator
Category: Legal
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Experience:  52 y/o UK businesswoman with senior manangment experience and small business builder
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Holiday pay. I have been in a seasonal job from May

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Holiday pay.   I have been in a seasonal job from May 2006 and will finish on 31 Oct 2006. My colleagues who have worked here before say that they have been told that we do NOT get any holiday pay. Is this correct or what is the employment law ....PLEASE?
Submitted: 10 years ago.
Category: Legal
Expert:  Flagbridge-ADR replied 10 years ago.

Holiday pay if it is not taken is payed at the regular contracted rate.

So if you work 52 weeks and have a right to 4 weeks holiday, you will earn wages for 56 weeks.

Some workers, for example, seasonal workers, have contracts, which say they only work for part of the year. For example, your contract may run for 42 weeks out of 52, and your employer tells you to take unpaid leave for the remaining ten weeks before you start working for them again. In this situation your holiday rights depend on whether you have a contract of employment or not, and whether it continues during the time you are not working.

The rules on working out your holiday if you do not work for the whole year are complicated and you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

I hope that helps if so please ACCEPT

Expert:  Natasha Wallis replied 10 years ago.
I am sorry to disagree with my american based expert friend who is normally spot on.

As a UK employer and employee I can advise you that UK Employment Law does indeed insist that a person working full time for 52 weeks of the year is entitled to 20 days holiday per year but that thry must be taken in that year - it is the Working Time Directive - and you CANNOT take the money in lieu of payment.

If you work 53 weeks and have a right to 4 weeks holiday YOU WILL NOT EARN 56 weeks' money.

Employment law states that whilst you have an entitlement to 20 days paid holiday a year, if you choose to not take it, the employer is not obliged to pay you for it over and above your salary and further, you lose it completely. Some employers have bent the rules a little to allow 5 days to be carried over but this is discretionary.

Now to seasonal work. If you work for 20 weeks in the year, the employer must give you 20/52th of the annual entitlement for permanent workers - they cannot discriminate between permanent and temporary/casual workers. So if it is 25 days your holiday is 20/52th of 25.

The employer can however insist you you work to a given date of which the last days are not worked and taken as your statutory holiday but he cannot withold pay for the time you have worked part of the year since it is a contractual entitlement.

All UK workers are protected from unscrupulous employers in that they must give you a contract of employment within 13 weeks and if they do not do it and you were to take them to a tribunal then thtry could end up in more trouble. The court would assume reasonable custom and practice. i just hope the employer was paying you as much or more than the minimum wage for if not again a trip to the tribunal can be had and theb employer can be prosecuted. Finally if thry insist upon you working more than 48 hours a week thry are breaching the Working Time Directive.

So, your holiday entitlement should be very easy to calculate and to be honest a visit to the CAB would be unfair on the CAB since it is so very simple to work out.

Now, if you are a temporary Agency worker however, the employment deal is different. I employ a guy from Hays and he is paid an hourly ratre which is broken down into two. The top line figure in his case id £8.20 an hour but he gets paid £7. something as his hourly rate plus another smaller rate per hour to cover his holiday pay.

Personally, I think it is poor for him since if he takes a day off, he has to take it unpaid and "use up his holiday pay paid weekly in small chunks per hour".

So please check any letters of engagement you have been given to see which category you fit into. If it is the first one, as I think will be the case, then you have a total right to 5/12 of statutory minimun paid holidays of 20 = about 8 or 8.5 days depending on when you started in may. if this employer does not pay you this sum, you can take him to the Small Claims Court Online and claim your unpaid wages.

Claim here

This sort of information is only known by people who have worked in the UK and employed staff here. I hope you find this information helpful and correct.

Natasha, York, UK
Natasha Wallis, Mediator
Category: Legal
Satisfied Customers: 43
Experience: 52 y/o UK businesswoman with senior manangment experience and small business builder
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