thanks for both your replies, it would seem I am covered in the event of a disaster. luckily I have temporary use of another vehicle therefore there is no need for the car to move a muscle before it's resolved. I hope it's a cheap fix and I can move on I just want to be prepared for worst case scenario. I'll keep everyone updated. Thanks again.

Hi due to circumstances I won't bore people with I have had to purchase a car from a dealer for £495. the intention was to run this car for a year then replace. Before purchasing the car I asked if there werenany problems with it I should know about. I was told there wasn't. I took the car for a test drive during which no problems were apparent I was unable to take it for a long test drive due to the amount of diesel in it. Anyhow I left the car outside the gates and went home as I was unable to pick it up later until later on. I have just driven the 20 miles back home and had to drive it straight to my local garage as there is steam coming from under the bonnet. if it's a cheap fix then it doesn't matter so much, however if it's the head gasket or a leaky radiator then there's no way I'm gonna have it fixed when the price for repair is more than the car is worth. On the receipt it does say "sold as seen, no warranties implied" my question is do I have any come back from this or do I write it off as a bad decision in life. I get that no car is gonna be perfect at £500 but if I had known about the issue from the outset I wouldn't have bought it. I will ring the garage if it turns out to be a head gasket as my garage man is ready to service it tomorrow. chances are they'll say tough titty. I'm just wandering if I'm covered by SOGA or I'll write it off as a bad experience. Thanks for any replies.

For those that ever remember reading this thread. This has at last been resolved. I waited until the end of the tax year and made an appointment with the accountant. Over the course of the year I accrued £2300 in holiday pay and had only been paid £1700. I showed my evidence to him and he accepted he hadmade a mistake and gave me some made up excuse. However I have now received all my outstanding holiday pay.

Ok thanks at least it clears it up, at least I feel a bit better now that somebody independent has confirmed it. Just for clarification if they had left their property for over 30 days would that have made them negligible then? They sometimes can leave for over 30 days but on this occasion they hadn't and that had been confirmed by the post they had opened in the house. Just asking?

Hi I have a quick question which hopefully some of you may be able to answer. Our next door neighbour has had a water leak which was discovered by us last night when we noticed damp patches in our walls. They are away from the house for long periods of time (no more than 30 days though), the matter ended today with the local police smashing the door down and isolating the leak and my questions is thus. I rang my insurer (Swiftcover) and if there is any damage to our house it has be lodged as a claim against our insurance and they wouldn't be able to recover the costs from next door as they haven't been negligible in this instance. Does this seem right? I would have thought that even if they weren't negligible the costs could be claimed from their insurer. (They are insured too, I'm not sure who by) Both properties are owner occupied. Thanks for any replies in advance.

Therein lies a difference. I work a 6 day week but I still don't see how this affects it as when I originally got my holiday pay I thought he was diving my weekly wage into weeks of 6 days but even then he would be underpaying the holiday by the end of the year. I know I am not entitled to any extra holiday as I work 6 days a week which I am fine with. Yes the £350 is pre-tax.

No problem steampowered I thought I was close to an answer. So on assumption that the figures are correct 2315.38 / 28 = 82.69 per day So claiming for 5 days holiday pay would give me 5 x 82.69 = 413.45 so my question remains How the hell can he pay me for 5 days totalling £350 (not precise but makes for easy reading)

Steampowered I'm confused as to how you reached your figures? 415 x 52 = 21580 ???

sorry didn't read post properly

Hi thanks to all involved, it would seem according to the case referred to in mariefab's post that this is what is happening to me. I have the contract regarding holiday pay and is as follows Holiday Entitlement During the holiday year 1st January 2010 and beyond, paid leave equivalent to 5.6 working weeks ( working days) during the complete year You will accrue your holidays concurrently during the year and your entitlement for part years of service will be calculated as 1/12th of the annual entitlement for each completed month of service during the current holiday year. Holiday Pay If you do not work a basic week of fixed or regular hours and/or days of work, calculation of a 'week's holiday pay' will be based on an average of your earnings during the twelve weeks actually worked in the period immediately leading up to the commencement date of your holiday. I have also spoken to my director again today regarding this and she is urging me to sit down with the accountant as she says he is adamant he is correct. She explained to me that he is putting aside 12.07% in a pot and using that in accordance to pay us. We can be paid non accrued holiday pay if it is likely we are to earn enough to cover it. On the basis of that my original statement surely still stands as I will have "built a pot" of approximately £2500 by the end of the financial year but have been paid approximately just under £2000. Can I use anything concrete with the accountant other than the case highlighted above. Also if the accountant refuses to budge what are my options then? Thanks for all help it has been invaluable. Joe

Again thanks all for your input. Emmzzi in response to how many holiday days we receive. We get the standard 28 days holiday entitlement if holiday pay was paid in accordance to how you have said I would have no argument unfortunately we get no more entitlement to holiday days which as I understand they are entitled to do whether you work more than 5,6 or 7 days a week. Just would like people to know I am in discussions with my director about this and she is sympathetic to what I am saying but ultimately she has to listen to what the accountant is telling her. I am still 95% certain that the accountant is wrong.

Hi thanks for both your replies. To earn my £415 a week my wages are a mix of hourly paid work and paid sleep shifts where we are paid to sleep at a service users house. As a rule of thumb I have been doing approximately 55 hours and 2 sleeps a week. The accountant is taking our last 13 weeks wages and dividing by 91 (the amount of days during period to get a daily rate and paying to how much we want. i.e. I had a week off and was asked if I how many days holiday pay I wanted. So if I wanted 7 days holiday pay I will have received £415. I still mantain it is wrong and want to prove it before going in guns blazing. There are no 'full time hours' by entitlement so I can discount this as a method used. Our holiday pay is directly related to how much we earn. I presume Sidewinder you mean that as full time staff they can assume we work 40 hours a week so we will earn that as holiday pay? A few months ago they put a vote to all staff to see if we wanted holiday pay as we earnt our normal. i.e. I earn £415 a week so my pay for that week will have been 415 + 12.07% = 465.09 and we would have been responsible for putting our own holiday pay aside. Nearly all staff voted against this but I can only assume therefore they waanted to work off the 12.07% rule. So off the back of that info am I any closer to an answer? Thanks again for any help.

Hi folks I could do with some stone clad advice. I am currently a care worker on a zero hour contract. My average weekly wage is around £415 (taken over 12 weeks). I have just received 5 days holiday equivalent to £350. My feeling is that this is wrong and I should have a weeks wage for claiming 5 days holiday pay. It is only a small firm and the company accountant takes our our average wage for the week and divides by 7 to get a daily rate and then pays this accordingly to how many days you are claiming for. My annual wage is usually around £21500 so as a guide 12.07% is £2595 holiday pay I should expect over the course of the year for 28 days. This works out at a daily rate of £92.68 for every day claimed. If this figure were to be obtained via a 12 week period it would work out the same. At the rate they are paying me I will end up with £1960 over the course of the year. Please help as I maintain I am being underpaid but the accountant insists he is correct. Who is correct?

OK thanks for your reply Sidewinder, as a result she's gonna grind it out until September and get a years service in (Does this increase to 2 years service in April?) then take him to task, Though in the meantime should she ask for a statement of particulars or let him keep digging a grave. Thanks again,

Hi, I am posting on behalf of my girlfriend. She currently works at a petrol garage (non of the big chains) it is a small independently owned garage and she has been employed there for 6 months. She is currently having some issues as she has had no contract or statement of particulars since she started, I know this is illegal but it gets better. She has been told that she gets 20 days holiday a year I also know this is illegal, the boss's response is that he pays double time on bank holidays therefore doesn't have to pay the extra 8 days holiday. I believe that he is talking out of his proverbial but would like someone to confirm this please. My question is how should she approach this as the boss has told he doesn't care about paperwork and I'm pretty sure if she put in a grievance he would a) dismiss it and b) find a reason to sack her. I cannot express how much this guy has no understanding of employment law, his refusal to engage through paperwork and what could come his way as a result, I'm not out to cause problems for the boss but would like my girlfriend to get what she is owed i.e. her holidays Any help is much appreciated, Many Thanks