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i work for a pritty large company i work 55 hours every week…

i work for a pritty...
i work for a pritty large company i work 55 hours every week with no contract in place and when taking a holiday from work only get paid £50 a day is this breaking the law ?
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Answered in 8 minutes by:
1/2/2011
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
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Hello! Thanks for your question.

 

The answer is yes, it may be. You holiday pay is calculated by reference to the number of hours that you do on average over the preceding 12 week period. This assumes that you're a shift worker, and that you have fluctuating hours on a weekly basis. However, if not, and you're working a fixed number of hours etc and paid a salary, then you're normal rate of pay should apply, apportioned accordingly for the time you have off. Have a look at this for more information: http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642

 

If after looking at this, you feel the pay is wrong, you should raise it with your employer, either formally (through the grievance procedure if necessary), or informally in the first instance. It might be worth "enquiring" of the employer informally first, with a view to not rocking the boat too much. If you get nowhere, then raise it formally.

 

If you still get no joy, then you should consider bringing a claim in the Employment Tribunal. Details of how to do this can be found here: http://www.employmenttribunals.gov.uk/

 

You only have 3 months to bring the claim in the Employment Tribunal from when the reduced pay was given, although you would have the right to bring a claim relating to this in the County Court for up to 6 years after the event - although the ET is the more informal and familiar route especially for those doing this without legal representation.

 

Hope this helps.

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Customer reply replied 7 years ago

i am employed on a full time basis my hours do not change this includes a compulsery saturday morning im 40 years of age and this has been going on for some time. thank you for your help in this matter i think its time some this was done to resulve this matter .

please take your payment i need to pop out may i please contact you later today regaurding your reply ?

Hi - If you're happy so far and want to pay - please press ACCEPT. I will put together an answer now on the next part of your question.
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
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Experience: JustAnswer
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Daniel Smith and 87 other UK Law Specialists are ready to help you
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Okay, well you're entitled to your normal salaried payment to be made during any time you're off on annual leave. The Directgov website shows you have to calculate this.

 

Raise this with your employer as I've suggested above, and failing that, if this has been going on for some time, and depending on the amounts concerned, you might want to issue proceedings in the County Court. I would suggest you get some help in putting together the relevant forms, and most Citizens Advice Bueaux have qualified employment law advisors that should be able to assist you without charge in doing this.

 

Does this answer your question fully?

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