Leah-Lacie Posted July 25, 2012 Author Share Posted July 25, 2012 The only one that matters is Direct.gov ... if that site says it is unlawful, then it is unlawful. The next question is, what do you do about it ... take the job anyway, and then when the time comes to take a week's vacation, force them to give you the holiday pay for it? ...point out that it's illegal and ask them to rewrite the contract as a minimum-wage pay rate? ...say nothing for fear of not being offered the job? (Legally, they cannot refuse you the job for that reason alone, but within the first four weeks, they can simply say "Sorry it's not working out" and get rid of you.) Just been reading that if a contract is carefully worded, and the pay slips shows everything separately, with a clear percentage of what is holiday pay, although it is unlawful to do it, you won't win against the employer if you took them to court. However, if they don't do it, they need to be prepared to have to pay you twice. I think I'll mention it to them and see what they say. Its not that much of a problem for me really, and wouldn't stop me taking a job, but it just didn't quite sound right when I heard it. Link to comment Share on other sites More sharing options...
becky_s Posted July 25, 2012 Share Posted July 25, 2012 Rolled up holiday pay is indeed now unlawful and it has been since around 2006. The problem is what to do about it. They sound like the type of employer who would probably sack you if you dared raise a complaint about it! Link to comment Share on other sites More sharing options...
HeadingNorth Posted July 25, 2012 Share Posted July 25, 2012 Just been reading that if a contract is carefully worded, and the pay slips shows everything separately, with a clear percentage of what is holiday pay, although it is unlawful to do it, you won't win against the employer if you took them to court. I'll accept that might be true, I'm not an expert on employment laws - but the bigger problem is that your contract will not be valid. By law, they cannot give you a contract of that nature. Link to comment Share on other sites More sharing options...
Leah-Lacie Posted July 25, 2012 Author Share Posted July 25, 2012 I will definitely have a word with them regarding this. As I said it doesn't bother me too much, but it is something they should know, if they don't already! Link to comment Share on other sites More sharing options...
truman Posted July 25, 2012 Share Posted July 25, 2012 The only one that matters is Direct.gov ... if that site says it is unlawful, then it is unlawful. The next question is, what do you do about it ... take the job anyway, and then when the time comes to take a week's vacation, force them to give you the holiday pay for it? ...point out that it's illegal and ask them to rewrite the contract as a minimum-wage pay rate? ...say nothing for fear of not being offered the job? (Legally, they cannot refuse you the job for that reason alone, but within the first four weeks, they can simply say "Sorry it's not working out" and get rid of you.) Sorry to appear a bit thick here but if you are aware that you're getting extra pay to account for holidays then does it really make any difference? Link to comment Share on other sites More sharing options...
Leah-Lacie Posted July 26, 2012 Author Share Posted July 26, 2012 It won't make a difference for me, I can accept I'll ve getting around £600 a year extra and then don't get paid if I have a week off, fair enough. But, if they're drawing up illegal contracts (all staff are brand new) then I should maybe point it out Link to comment Share on other sites More sharing options...
x-GiGgLeS-x Posted July 27, 2012 Share Posted July 27, 2012 are you sure its actually in your hourly rate ? where i work we get our hourly rate and then we get a lump on top of our wage for holiday. for example if i earned 500 a month i would get that but then i would also get say 100 a month top of that to cover my holidays. so i would come out with 600 yes they do say save it for when you do actually go on holiday but always pay the same lump some every month regardless of how much i earn that month x i had never heard of being paid like this until i worked here. and basically if your no good at savior your screwed lol Link to comment Share on other sites More sharing options...
Leah-Lacie Posted July 27, 2012 Author Share Posted July 27, 2012 Well, all they said was that my hourly wage would be something very close to £7, they still need to work out exactly what as they are just starting out, but my actual wage would be £6.08 per hour, minimum wage, with the rest going towards holiday pay, with no actual pay for a holiday week when I take one (obviously supposed to save the extra 90p or whatever to go towards holiday pay). So, I guess if I have to have a few days off sick or whatever, I would be losing chunks of holiday pay with each day I don't work, and the amount for holiday pay would be totally based on the hours I have actually worked. All I seem to get from Google is having a contract like this is unlawful and should be rewritten, but the employer can do certain things to make it so they are covered if you tried to take them to court, but they would still be forced to write a new contract even if you can't get any holiday pay out of them. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.