Hi i have worked in my current job for about 8 months now , on average 5 days a week. My employer has two relatively small business'sand very few employee's.
When i started my employment it was only meant too be a part time weekend job however that quickly changed and have worked on average 40 hours a week, sometimes even 50.
i have had a few problem's in the past regarding
- Pay slips ( one or two are still outstanding even though i have requested them many times)
- Correct payment when i am paid ( by my records he still owes me in the region of 200 pounds over the last 8 months. when i asked him about the outstanduing money he put it down too tax , however i could not check this at the time as he gave me my payslips 6 months later.
- And a few months he hasnt actually paid me into my bank account and has given me part of my monthly wage's in cash.
However recently I was thinking of going on holiday when i asked him about how much holiday pay i am entitled too he said " Oh, ive never really done that here.."
Since then we had a discussion regarding holiday pay . the outcome of that conversation is that he says he is not prepared too pay me holiday pay for the time I have been there, but if id like i could start clocking up holiday entitlement from the begining of july. he threatened that he would reduce my hours and that he'd have too let me go ??
I need a job but really am not happy with the way i am treated and wondered what i could do about this ? if anything
Answers & Comments
Verified answer
In the UK he must give you paid holidays of at least 5.6 weeks a year. No excuses, no exception, no including it normal pay either.
You probably don't want to threaten to shop him, though you'd have every right to. Missing payslips are dodgy too, and 'cash in hand' could bring HMRC crashing down on him.
Try printing out the page at the first link below and enclosing it with a letter requesting your holiday pay?
EDIT - Just saw KL replied while I was typing - she is correct (unlike previous contributors)
Good luck with getting what you are due.
He is working on a shoestring and is cutting corners on employment law. However you are usually required to work for a business for a set time before holiday pay has to be paid. This is a bit of a grey area so be careful. The question of the wage slips is a more serious problem as he has to by law give you full written slips to show gross pay, and any deductions such as tax and national insurance and showing the net pay. The tax authorities will need to know from you the detail when you fill in a tax return. Suggest you have a word in the ear of a tax inspector, there is a free phone number, find it on the web, for you to call and let them know. Keep your head down and keep asking for the money he owes you.
Fraud going on here, you need to contact HMRC. In British law he has to supply you with wage slips, and you need to make sure he is paying your tax, NI deductions and his NI contributions to HMRC. If he is not, then you will not be able to receive JSA if you leave or state pension.
As for holidays, look at DirecGov - holidays and it all listed there. You need to sit down with this man and show him the evidence. He is making it up as he goes along and is in danger of being prosecuted.
You MUST phone HMRC for your own protection.
UK
Holiday Pay has formed part of my wages in EVERY job I have had (spent nearly 2 years working for a solicitor) and the same applied for my Dad before he retired last year.
Do you not have a written contract of employment? You should and all this should be in there. If you havent then you might struggle legally
Contact Acas as they are professionals dealing with employment law an they can advise you (as I assume from what you've said it's unlikely you have a union but if you do contact your rep)