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holiday pay

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fiferboy | 17:49 Sat 19th Feb 2005 | Jobs & Education
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hi,im an 18 yr old boy currently working full time,been there for two years,and took off two weeks holiday just over two weeks ago...even tho i said to the manager who was doing the shifts that id rather just have one week off and they said that was ok!but when the shifts where up for the second week i was still on holiday,but never really thought anything of it,i was actually quite happy to an extra week!

then i went to check my balance yesterday morning to see how much i got payed(this was for the second week),and it hadnt been put in,but i just thought it might just be a bit late and the money would be in later in the day.......but when i went to work i said to one of the managers about it and they said they had def put my holidays through and dont know how that happened,but said it will prob be in later on in the day.......but then i went to check my pay slip and it had �0 pay!!!!!!i showed the manager and he was confused by it as my holidays had been put through,and he showed me the proof,so i knew he hadnt done anything wrong...he then went on the phone to the main people down in ireland,and was in it for over half an hour...then once he got off the phone he told me what they said....unless your a manager or been there for atleast 4 years then your not intitled to 2 weeks off(we get 4 in a year)....but the manager hadnt been told that and neither did i...i had no reason to think i wouldnt get my pay,it was just like a normal pay day for me......but basically the head people are refusing to give me my pay as im not allowed 2 weeks off!!!!so now i have no money atall this week!

 

is this right?

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Did you tell you manager that you would be taking 2 weeks holiday BEFORE you took the time? If you did then you should have been paid.  If you said you were only taking 1 week as holiday then they could argue that the second week you were off you were actually absent - and they don't have to pay you. The down side of this is it will look bad on your attendance record - the good side is you still have that weeks holiday to take (paid!). You do not have to work 4 years to get 2 weeks holiday at one time.

Are you a "zero hours" employee that has actually been working regular hours? If so, this might explain why you got no holday pay. What has been the case when you took your holidays last year?
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no,the manager put me down for two weeks paid holiday...last year i never took any holidays and just got paid at the end of the year for my 4 holidays!
Then you are entitled to be paid for your two weeks fiferboy. Spk to you manager again and request payment. If you have any problems go to your personnel dept. - or you could try your union rep if there is a union where you work (you don't have to be a member to ask for their help). Good luck.

You could try the Citizens Advice Bureau as well. Good luck.

The legal requirements
Entitlement to holidays and holiday pay is determined by the contract of employment subject to the minimum provisions laid down in the Working Time Regulations 1998. Workers covered by the Regulations (including part-timers, and most agency and freelance workers) have the right to

� at least four weeks' paid leave each year
� payment for untaken statutory leave entitlement on termination of employment.

See Acas Advice Leaflet: Holidays and Holiday Pay for more information on the Regulations and their coverage. The DTI Guide to the Working Time Regulations gives details, visit www.dti.gov.uk/publications.

Entitlement for many employees over the statutory minimum is established by agreements between employers and trade unions, at national or local level, which are incorporated into individual contracts. Most employees are legally entitled to a written statement of main terms and conditions of employment which must include holiday rights. The statement must detail holiday entitlement, including public holidays, and give sufficient information to allow any entitlement to accrued holiday pay on the termination of employment to be calculated precisely.

Calculating holiday pay
There are many different methods of calculating holiday pay. Salaried employees usually receive their normal rate of pay, including any additions such as location or shift allowance. Holiday pay for manual workers varies widely, from basic pay to average earnings calculated over a specified period prior to the holiday.

The legal requirements
Entitlement to holidays and holiday pay is determined by the contract of employment subject to the minimum provisions laid down in the Working Time Regulations 1998. Workers covered by the Regulations (including part-timers, and most agency and freelance workers) have the right to

� at least four weeks' paid leave each year
� payment for untaken statutory leave entitlement on termination of employment.

See Acas Advice Leaflet: Holidays and Holiday Pay for more information on the Regulations and their coverage. The DTI Guide to the Working Time Regulations gives details, visit www.dti.gov.uk/publications.

Entitlement for many employees over the statutory minimum is established by agreements between employers and trade unions, at national or local level, which are incorporated into individual contracts. Most employees are legally entitled to a written statement of main terms and conditions of employment which must include holiday rights. The statement must detail holiday entitlement, including public holidays, and give sufficient information to allow any entitlement to accrued holiday pay on the termination of employment to be calculated precisely.

Calculating holiday pay
There are many different methods of calculating holiday pay. Salaried employees usually receive their normal rate of pay, including any additions such as location or shift allowance. Holiday pay for manual workers varies widely, from basic pay to average earnings calculated over a specified period prior to the holiday.

Since Nov 1999 (when the Working Time Regs came into force), all full time workers are entitled to four weeks holiday each year (part time employees' entitlement will be pro rata).  This four weeks may or may not include bank holidays.  This entitlement starts immediately you commence employment, though your employment contract might state that you have to 'build up' your entitlement before you can actually book any holiday (e.g. you might not be allowed to take two weeks off if you've only been there a couple of months). However, this doesn't apply to you as you've been there two years. Have a word with your manager and let him know politely that you have looked into your holiday entitlement rights and tell him what you are entitled to. 

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