tired mummy   10 #1 Posted October 9, 2009 (edited) i have been working for a company for 6 wks and will be there for the forceable future,i was took on to cover for someone that was off sick.she has since been terminated.so i am covering the hrs she worked.i work 17.5 hrs aweek monday to friday 3-6.30pm.my superviser told me i would get acrued holidays after 12 weeks.this means in dec i will be entitled to about 6 days hol as it goes jan to jan.when my superviser mentioned this to our manager he said relief/cover workers are not entitled to holidays,my superviser pointed out that one of my co workers who has been covering for 6 months has taken some holiday days it said she was entitled to on her wage slip and she was paid for them.he turned round and said she should,nt have been paid but he,d overlook it! it still says on her wageslip that she has 8 days holiday left.now i know my rights and i know we are entitled to holidays,i just wanted someones op on what my managers playing at.i do know that his wife and daughter want a job there,which is why i think we are not being offered the positions permanantly,is this legal?and am i entitled to annual holidays ? Edited October 9, 2009 by tired mummy Share this post Link to post Share on other sites Share this content via...
Welsh Wizard   10 #2 Posted October 9, 2009 i have been working for a company for 6 wks and will be there for the forceable future,i was took on to cover for someone that was off sick.she has since been terminated.so i am covering the hrs she worked.i work 17.5 hrs aweek monday to friday 3-6.30pm.my superviser told me i would get acrued holidays after 12 weeks.this means in dec i will be entitled to about 6 days hol as it goes jan to jan.when my superviser mentioned this to our manager he said relief/cover workers are not entitled to holidays,my superviser pointed out that one of my co workers who has been covering for 6 months has taken some holiday days it said she was entitled to on her wage slip and she was paid for them.he turned round and said she should,nt have been paid but he,d overlook it! it still says on her wageslip that she has 8 days holiday left.now i know my rights and i know we are entitled to holidays,i just wanted someones op on what my managers playing at.i do know that his wife and daughter want a job there,which is why i think we are not being offered the positions permanantly,is this legal?and am i entitled to annual holidays ?  if you are paying tax and national insurance, and not classed as self employed then in my opinion you should be given holidays and should get paid for them, as you are in a permanent job now (not temp). is there a section on your wage slip about holidays? to make sure i would take my pay slips down to a job centre and ask for some advice or direction to get your answers.  good luck dave Share this post Link to post Share on other sites Share this content via...
daftlad   11 #3 Posted October 9, 2009 I think you should be entitled pro rata hols. I think most companies you accrue so many days holidays per month in the years. Every month for example we acrue just over 2 days holiday per month that add up to the 25 days a year we are entitled to, but as you have not been there a full year, it should be pro rata Share this post Link to post Share on other sites Share this content via...
S6 D.I.Y Â Â 10 #4 Posted October 9, 2009 do you work for them or a agency as a temp? Share this post Link to post Share on other sites Share this content via...
tired mummy   10 #5 Posted October 9, 2009 do you work for them or a agency as a temp?no i dont work for an agency,i work for the company my co workers work for.i get wage slips and these do have holiday entitilment on the bottom mine says zero,but as i,ve only been there 6 wks i dont expect any acrued holidays to go on until i have been there twelve wks.trouble is the holidays go jan to jan,which means any hols i,m entitled too will have to be taken in dec and the manager said knowone could take thier hols in dec,which is why i think he said i,m not entitled:suspect: Share this post Link to post Share on other sites Share this content via...
Strix   11 #6 Posted October 9, 2009 it sounds like you need to ring ACAS, or there's been an ad on the radio recently from a government agency trying to root out companies doing things like this to employees (though the examples they gave were paying below the minimum wage and something else)  try the directgov website to see if there's some useful info there  (btw, the holiday entitlement thing became law after the government stepped in over temporary workers spending years not being given holiday, so you ARE entitled, I just don't know the time limits ) Share this post Link to post Share on other sites Share this content via...
tired mummy   10 #7 Posted October 9, 2009 it sounds like you need to ring ACAS, or there's been an ad on the radio recently from a government agency trying to root out companies doing things like this to employees (though the examples they gave were paying below the minimum wage and something else) try the directgov website to see if there's some useful info there  (btw, the holiday entitlement thing became law after the government stepped in over temporary workers spending years not being given holiday, so you ARE entitled, I just don't know the time limits )  hi,your right employment laws were brought in to protect temporary employees from this kind of treatment.i rang acas this morning and they said i was entitled,direct gov gave me the num as they were,nt sure lol(useless).my workmates are pro rota and its 28 days a yr 8 of of them are bank hols.i,m not paid below the minimum wage.i,ts my manager not the company saying we aren,t entitled,if i report him i could be out of a job! Share this post Link to post Share on other sites Share this content via...
Strix   11 #8 Posted October 9, 2009 so will he, and could find himself in court Share this post Link to post Share on other sites Share this content via...
JB-Property   10 #9 Posted October 10, 2009 http://www.consumeractiongroup.co.uk/forum/employment-problems/  Get some advice from the folks on the above forum, I have seen several threads on there about how to handle bosses who don't understand/choose to ignore legislation around holiday pay Share this post Link to post Share on other sites Share this content via...
Liose   10 #10 Posted October 16, 2009 You are entitled to your holidays and it is illegal now for Company's to roll up holiday pay within your hourly rate so your Manager is unable to argue this. Ask for your holiday entitlement in writing. However, you do not have any claims for unfair dismissal as you are working for less than a year - ACAS may have advised that it was a breach of Working Time Directive? Share this post Link to post Share on other sites Share this content via...
homeuser   10 #11 Posted October 17, 2009 Questions Do you have an offer letter to confirm if you are temp or perm?  Do you have a copy of your contract?  Do you have a copy of the companies handbook? Share this post Link to post Share on other sites Share this content via...
Suz_round   10 #12 Posted October 18, 2009 Definitely try ACAS but I have personally found their service to be rather inconsistent in their advice. You could also try Sheffield Law Centre and/or Citizen's Advice. If not some solicitors in Sheffield will do the first half hour free. Share this post Link to post Share on other sites Share this content via...