Hi All, Im new here for starters so hey go easy I have an issue within my work place, its in regards to 'my' agency staff - or the ones which work for me on the shift i run. So i run a shift monday to friday after hours its a 7 hour shift with a 20 min break inbetween- im the supervisor of the shift and i have 16 bodies under my control to manage the business. The issue is for the past couple of weeks ive been asking their onsite 'account specialist' for the holiday balence, because they acrew holiday and i needed to know to get them all to take them. So their holiday year runs from February, and they have a 2 week grace period to take their entitlement, they are not allowed to carry them over, get paid for them etc so its a case of use them or lose them. ( i got the balence sheet on monday - yesterday) now im between a hard place and a rock because i have 16 staff who all want to use what they acrrewed which would be 32 days but only 9 days to use them in im only allowed 2 people off per day it doesnt add up. yesterday i terned round and said ok, i'll allow a maximum of 3 people off per day to make it fair and allow everyone time off. however my manager was really really unhappy with this decision, because operationally we wont hit our targets, which will cause a loss of revenue: which looks bad for me: my manager also pointed out i should of put business needs before that of the employee's in other words, its a case of tough luck not everyone gets their holidays. ( which to me is really unfair.) Im currently in the process of having to write an email to him, so he can send that to the site manager and then to the site managers boss ( the people you only ever see when its s**t creek and they are angry haha) i just want to make it proof enough so essentially ive said the right things and made the right decision. Thankyou, Ben.

Can someone help or give me some advice on a problem with our holiday we had booked. We booked a 7 night break with park resorts aug last year for April 6th (easter week), they wanted £25 deposit to secure the booking, with the final payment to be received 8 weeks before the start of the holiday (which is 9th Feb) the total cost was £232 for the 7 nights, so we paid £32 as our deposit, so left £200 to pay. On booking we got a ref number, but never received a e-mail or letter to say we had confirmation, But when logging onto your account on there site, all the details where there, so this was fine with me. Monday (4th Feb) we go to log onto our account to pay the final balance of £200, but it wouldnt let us log on and said your booking has been canceled. So on the phone i get, to be told a letter was sent in Jan to say you have to top up your deposit, we received no letter, no e-mail nothing. Becasue we had not got anything to say this, they canceled our booking on the 30th Jan. No where in there terms and conditions do it say you have to top up a deposit, it says a depsosit is required (which was only £25 at the time of my booking) and the finial amount due 8 weeks before your arrival date. Do i have a good case to go at them? all we really want is our holiday back, but they have said they cant offer us a holiday in the park we chose as they have none avalible, but can at another park, but we have to pay the current price, which is over £100 more plus extra for the ferry to the IOW. I have given them 24 hrs (as of 5pm yesterday) or i shall be taking legal action, which they acknolodged and said they would call me today. Any help on this i would be very greatful.

My partner worked for a Garage/Service/MOT centre for just under a year )started in October was dismissed August 31st). He was paid just over minimum wage. During the Christmas break, the garage closed down for 8 working days and he was told he wouldn't be paid as he hadn't accrued enough holiday and hadn't worked there for a year. He tried to discuss this with his employer but didn't push it too far because he was scared of losing his job. He was not given payslips for the two weeks concerned, not even 00 payslips. After Christmas he WAS paid for bank holidays and one days holiday during the following months. At the very end of the working day on August 29th he was told there wasn't enough work to keep him on, so they were 'laying him off' (their words). He was paid until August 31st. Going through his wages I can see from the accumulated totals for the weeks before and after Christmas that they show wages being paid (and tax and NI) although he received no pay slips for the 2 weeks concerned and no money. No notice was given (from my research that unless dismissed for Gross misconduct - and he wasn't - a week's notice has to be given once u've worked for a month for an employer). The employers policy on holiday seems to be a bit unclear. He WAS paid for bank holidays and one days holiday after Xmas.., in spite of the employer saying before Xmas he wouldn't be paid for the forced Xmas break because he hadn't worked there for a year (in spite of him only having worked for three months plus). But no accumulated holiday pay was given with his last pay slip. He was given his P45 at the same time. He's short about 20 days holiday if u take off the paid bank holidays etc. I have contacted ACAS who have advised on his holiday 'rights', I found out about the notice period but don't quite know how to proceed. The CAB say we need to write to his former employer but not exactly sure how to word it. I have written the following as a rough draft and wonder if someone could advise me if this is appropriate. I assume if the employer doesn't respond the case will need to be referred to an industrial tribunal (but don't really know?) Re: XXXX - Termination of Employment I am writing with reference to two issues regarding the termination of my employment at XXXX Garage Services. 1) Termination of Employment - Required Notice Period I was told my employment was to be terminated on the evening of 29th August 2012, due to a lack of income/work in the Garage. My final pay date was 31st August 2012. According to current Employment legislation, a person whose employment is being terminated who has worked between one month and two years for an employer, should be given 1 complete week's paid notice. This was not given. 2) Holidays: a. I was repeatedly told through my employment that during the first year, I could not take any paid holiday. I started work for XXXXX Garage Services on 4th October 2011. At Christmas I was forced to take leave as the garage was closed 24th December until 4th January. I was told that this would be unpaid leave as I had not worked for a year at the XXXX Garage. I did try to pursue this with you as I was concerned about the loss of wages during this enforced leave but was repeatedly told the same thing. I was not given payslips for the two weeks concerned. However, I have now checked the payslips around these dates in detail and note that the accumulated totals continue to rise as if I had been paid for these weeks (at my normal rate of gross pay of £2XX per week). The totals also show that I paid tax and NI for these weeks. This is in error, as I did not receive any pay for the forced leave (which includes 4 bank holiday days). I request that either my P45 is corrected to show this lack of pay, or I am paid as the payslips indicate I was. b) I have consulted ACAS and the Citizen's advice Bureau. They both tell me that in actual fact an employee is entitled to paid holiday from the first day of work, to a value of 5.6 weeks per year worked less paid bank holidays (capped at 28 days). As I was employed by XXXX Garage from 4th October 2011 until and including 5th September (if the required notice period is included) I should have had included in my final pay all accrued holiday of 25.9 days less the paid bank holidays and one day's holiday I was allowed and paid for in 2012. In my final week, I was simply paid until 31st August. No accumulated holiday pay total was included. As I have already mentioned, the prescribed one week's notice was also not included. I hope that this matter can be resolved amicably. However, if I do not receive a reply to this letter by 5th October, I will have no hesitation in taking the matter further with suitable representation.

Hello, I have been searching for information regarding holiday accrual. I have searched the forums and found one reference to this situation but I think the info given is now out of date. My employer has decided that we are not allowed to take annual leave unless we have built up sufficient holiday entitlement. I understand this is usually the case in the first 12 months of employment but I have been with the company 8 years now. It meant that 2 members of staff were not paid for any holidays over Christmas, due to not having sufficient holidays from an enforced holiday earlier in the year. I have looked at the working time regulations - regulation 13 but there is no longer a section that covers it. If he isn't supposed to be doing this then ideally i need some official document that states this so i can show him. Any help would be greatly appreciated. Thanks

Hello everyone good evening im looking to get some help please with regards to holiday entitlement at work. Well i started my new job on the 10th December 2012 i work 8am to 5.30pm Monday to Friday and every Saturday 8am to 1pm the company holidays run from January to December and nearly all the employees have booked there holidays for the coming year, so today i asked for a holiday form to book my holidays before they all go and i was told that im not allowed to book any holidays as ive not worked enough days to have the time off through the year. I went on to say that surely that's the same for everyone in the company as the new holiday entitlement started on the 1st of january he said its tough and if i wanted the time off id have to go unpaid ??? So can someone please confirm where i stand as im so confused I am a full time employee and not self employed Thanks in advance

Hello there, I was wondering if I could get advice. I have been on long term sick from February, and work have caused trouble for me from the start. I am involved in a long struggle with my employer over money. They also do not believe my medical problems and went as far to call me factious and claiming my sickness was not genuine. (they basing this on a medical I had who was assessing me on a incorrect problem) They stopped my SSP after 13 weeks claiming my sickness was not genuine.( HMRC got it reinstated for me) While this was being sorted the gave me two payments of SSP "accidently" and as a result of this took it out of holiday pay issued to me without my authorisation. I am trying to get this money plus holiday pay still owing to me back off them. They are claiming I am not owed anything. They did not pay me for: 1) August BH (contract states they would) 2) Money taken out of my holiday pay for the accidently paid SSP 3) 3 days holiday pay from last year 4) Christmas day, Boxing day and New Years day ( all classes under contract as BH ) From what I have worked out almost £700 is owed my them. Work claim they do not owe any of this money, and I started employment tribunal proceeding for it this week Does anyone have any advice on this they can offer. I am new at this type of thing, never been to court in my life. I started proceedings under ACAS recommendations as they are refusing to talk to them, or pay the money. Anything that might help would be appreciated- thank you.

Hi My wife and I booked a holiday on the web with Thomson just this week. The total cost was around £1800 but we took the option to pay a 'low deposit' of £150. It states the remainder of the deposit needs paying by start of March and the total by the end of March. Now the problem is, I'm an idiot (apparently) and made a mistake with my annual leave dates so we need to cancel. I can't just transfer it to another date with them because I no longer hav the time to take. I was prepared to take a hit on the £150 deposit we have shelved out but having read the small print more carefully, there is one line referring to their 'low deposit' which says in the event of a cancellation you will be required to pay the remaining part of the full deposit, ie £200. Can anyone advise on this. Yes I know I ticked I'd read the t&cs so technically that is the contract but it seems a bit much for a simple mistake. What would happen if I just didn't pay it? I'm told they cannot just take it from my card and so would they have to take me to court. Would that be small claims court and are they likely to do that. If they did, could I not argue that the relevant line in the T&Cs was so tucked away and not highlighted when I took that option? Or can I argue that their actual loss is well below the £150 they already have (it was all Thompson, no third parties) I'm not one for skipping on my responsibilities and I understand this is my mistake but I was surprised there is no cooling off period on holidays like there is on everything else and it seems a bit unfair (especially to idiots like me.....apparently!) I will give them a call to see what they say but from what I've heard they will probably just say pay up and so I'd rather go in knowing where I stand. Thanks PP

Hi, Just looking for some advice on something. I have been in my job for 6 years 37.5 hrs per week, for the first 5 years my holiday starting on the 1st April and ended the 31st March ( 12 months) my entitlement is 25 days & bank hols. - all pretty standard so far. This year they have changed the holiday year to start on 1st Jan 2013 and run to 31st Dec 2013, this is where my question begins: In order for them to do this in 2011 my holiday ran from 31st March 2011 to 1st April 2012 25 days entitlement (12 months) Then on the 1st April 2012 to 31st Dec 2012 I got 18.5 days pro-rata entitlement ( 9 months) Then on the 1st Jan 2013 to Dec 31st 2013 I got 25 days entitlement (12 months) My issue is with the allocation from April 1st 2012 to Dec 31st 2012 (9 months) as full time employee is it not my right to be entitled to 25 days holiday per year (12 months)? I can't quite get my head around it but in some way I am sure I am losing out here. Any advice is welcome Thanks

Hi all, I hope this is in the correct place if not i apologise in advance. ive just started work at a job as a web designer and have (after 3 days ) had what was supposed to be an induction, however it was very vaguely laid out but there where a couple of points i though i should seek advice on. the first and most important i feel is my employment contract or lack there of, i have been told that i will only receive an employment contract after completing my 3 month probationary period. At the time i didnt ask any questions but on thinking about this surly by not receiving a contract there is no paper evidence of the fact i am working and what im required to do. although this may be legit i was hoping someone may no whether or not this would effect any of my employment rights? the second issue i have is the holiday days allocated to me. ive been told that becuase im classed as part time i will only receive 12 days annual leave. the reason i feel this is unfair is that although yes i only work 25 hours a week i do so over 5 days mon-fri (5hrs a day) and given that the holiday rate is the same as normal pay surly i should receive the same 20 days that everyone else receives? by my workings out even though i work less hours than a full time person i work the same number of days over the year and given that holiday pay is the same rate as regular surly i should receive the same amount of days but only with 5 hours worth of salary for each day? Any info would be greatly appreciated and i hope you understand my question about the holiday entitlement because at this rate with my mandatory week off at christmas (which im not happy about) im only left with 1 full week i can take of in the summer to spend time with my son and to be honest if this is the case then this company is getting one hell of a deal for what there paying! Thanks for reading

Hi I was TUPE'd over to the NHS in October from a private company, my question is that our holidays ran from January to December with the original job and the NHS are wanting to change us over to April to March to go in line with the rest of the hospital staff. Can they do this as it is technically changing our terms and conditions? I wonder this as at the moment I get paid less than I should do and also have less holiday entitlement than I should do if I was a new employee to the NHS. I want to basically know that if they change the dates and not the amount is this a tool I can use to say that they are harmonising me and changing my terms and conditions so can they change the rest and then I would be eligiable for the agenda for change. Thanks

I want to check if my employer has correctly applied my leave entitlement. He calculated my pro-rata entitlement to be 15 days. Which is what I expected. I work 36 hours per week with Mon, Tue and Thur being half-days. If Monday was a bank holiday, Is it correct for my employer to deduct 1 day from my entitlement even though I only work 0.5 days on Mondays?...I wouldn't be complaining if they actually paid me for a full day, but I still only got paid for 0.5 days. Unless I'm mistaken, it just doesn't seem right. Can anyone help confirm?

Hi All Help please. Have a very small business with 1 part time employee this employee had holidays earlier this year which included 2 bank holidays, which she was paid for this employee now thinks that as well as being paid that now they are also entitled to extra lieu days. IS THIS RIGHT ! ? Please help thanks warwicks

hi, my company awarded all staff an extra days holiday for the jubilee, great ,except only some staff can access the extra day off.Some are on shifts and work a set days on/days off system,therefore cannot have an extra day inserted into the years shift pattern. Can the company do this? award holidays for all which only some can get?

Hi, Got a bit of an issue here with an employer. My employer isn't allowing me to take my accrued entitlement and will loose them as of December 31st! I started working for them on the 18th September 2012 as a door supervisor working average 4-5 nights a week (roughly 20 - 30 hours a week) and have accrued just over a weeks holiday. Thing is, I'm on week 11 of my 12 week probationary period which means I cannot take holidays until after the 11th December. Due to the nature of the business and it being Christmas time, my employer has a strict NO Holidays after the 10th December and is in effect until the new year. Our holiday year runs from January to December and holidays cannot be carried over, nor will the be paid in lieu. So I'm basically being denied my statutory entitlement. There are a handful of us in this situation, what are our options?

Hi, I have worked at the same place for almost 4 years, but over a year ago, i reduced my hours to start university. I now do 11 hours a week. Our financial year runs from april to april, and within april 2012 until now, i have had 22 hours of holiday time off. I have recently been told by my manager that i have no more holiday time until the next financial year (which starts in april), but im struggling to see how this is right. It is not unusual for my manager to make mistakes like this, as he has done so before. Does anyone know how many hours i should be entitled to? Thanks

I was employed on the basis of basic plus bonus (the bonus was the majority of my wage). I ended my employment with holiday pay outstanding. The company have since confirmed in writing that 1) Holiday pay I received is for basic salary only. 2) Holiday pay is based on average earnings (basic plus bonus). 3) Other employees have confirmed in writing they were paid on basic plus bonus for holidays taken the same month. 4) My ex employers will not offer any explanation for the shortfall. I cannot go to the Employment Tribunal as it is out of time but any advice is appreciated.

Hi all, First post on this site as I am a little confused as to what should be happening with our shift patterns regarding bank holidays. I have worked for a medium-sized automotive spares manufacturer for 7 months now and in those 7 months have had 5 different shift patterns and contracts, which is a little strenuous to keep up with to say the least! My concern at the moment is what is meant to happen with continental shifts and bank holidays if the shifts are based around the bank holidays instead of inclusive of them. Basically the guys here who work continentals are intrigued as to why their shift patterns are "interrupted" by bank holidays. For example: On August Bank Holiday Weekend, one team of 2 guys on opposite shifts (days and nights) were scheduled to work Saturday, Sunday, Monday, and Tuesday. However, because of the agreement regarding bank holidays (ie the operators would not work the bank holiday), they instead worked Saturday, Sunday, had the Monday off, and then worked Tuesday and Wednesday. So yes the guys had the Monday off and were paid for it, but they technically didn't get a day off as their shift was simply put forward a day. I have raised this with my Site Manager (we don't have an HR department due to the size of the company) and have basically been shot down in flames. I raised it this way: "considering the (Monday-Thursday) staff are not expected to work a Friday when there is a bank holiday week, and all other staff who work Monday to Friday do not, as a result of the bank holiday Monday, work on Saturday. And this is technically the equivalent of putting a continental shift forward by a day is it not?" I was of the understanding that if a shift worker doesn't work a bank holiday because it is a bank holiday, that this day does not simply interrupt the shift pattern? As technically they haven't had a day off. And also, if the shift worker is not rota'd in for that shift, do they not in turn get an extra day off as that is in turn "their" bank holiday...? Please have a nosey at the Leave Policy and see what you guys think. Cheers, cardamine

Hi. I'm new to this forum and need some advice. I've been working for an agency for 14 weeks, in the same role in the same company. Last week we were informed of how holiday pay is calculated - they use your weekly average hours over 17 weeks to calculate how many hours per day to pay you for. e.g. in 14 weeks I have had 2 days unpaid and 2 days holiday, so instead of my weekly hours being 35 (I do 7 hours 5 days per week) my weekly average hours over 14 weeks is 33. Therefore if I book a weeks holiday I get paid for 33 hours, not 35, so about £20 less than normal. This just doesn't seem right to me. I accrue holiday as I work, and if I'm off sick I don't get paid and accrue zero holiday, so I cannot see what relevance this has to my holiday pay. It's penalising you twice for taking time off as you don't get paid then your holiday pay suffers. I'm put off taking holiday as I cannot afford to get paid less than if I had just worked it. Quick google and this seems quite common practice for agency staff. How is this fair?? It also appears this is something they have started in September. Would they not have needed to re-issue contracts so this is in there??

Hi all, Two months ago I really had to walk out on my job, after I had injured really bad my back I had to take three weeks off, which weren't enough but since my employer neglected me sick pay I had to go back to work and work in agonizing pain having a friend of mine coming along mornings and evenings to bring the coffee shop's tables and chairs in and out the shop for me. After that, for the first time in one year I asked for one day advance on my weekly wages as I was late with my rent and I was neglected that as well as I decided not to go to work during my day off when asked (and when I spent months over months working 12 hours a day 7 days a week alone to keep the business running). The owner even wanted to hold 2 weeks payment as I wasn't giving notice but I convinced by threatening him of calling the authorities. Now my financial, emotional and psychological life is in pieces and getting worse by the minute, i feel frustrated for the way I was treated for many months while I was working and I would like to know if I can take measures against the employer who was responsible for this or if I just have to lower my head and carry on. Thanks

Hi Don't know if anyone can advise me,but, in Jan I bought & fully paid for a holiday which was flying with Thomson air from Birmingham. then flight was changed to Manchester - swallowed that. Booked hire car, parking etc .Paid for extra legroom seats - another £100 Yesterday got email saying Thomson flight cancelled but they had booked us with Easyjet! I have refused to fly with them and now booked flight & paid for Monarch flight from Birmingham !, extended holiday 3 extra days - more hotel expense, cancelled parking - booked new parking - £40 more, extra days on car hire £100! Travel agents - supposed to be experts have been most unhelpful! Appreciate my choice to extend holiday etc but surely they owe me for extra legroom seats cost plus the Thomson flight part of holiday costs? Any advice appreciated

Hey everyone, I was hoping someone could give me a bit of advice (that I can give to my parents). My younger brother and sister were absent from school for the last 3 days of the term in July (2 and a half really as the school closed at 12pm on the last day), because they and my parents went down south for a few days. This was the only time they were able to get off work and the only time they could afford to go away (they've had a pretty rough year and haven't had a real break in God-knows how long). They submitted a holiday form to the school, and were never told that they weren't allowed to go so assumed everything was ok. However, they got in from work a couple of days ago and had a letter from the school with a £400 fine (£100 per child per parent), and a photocopy of the holiday form with 'Unauthorised' written on it, stating that if the fine isn't paid within 42 days they they will be taken to court. Both my brother and sister have excellent grades and are in the top sets at school, this wasn't during an exam period, and in the last week all they do is watch DVDs anyway. This hasn't affected their performance in any way whatsoever. Obviously my parents can't afford to pay this fine, and all it is doing by threatening them with court action is stressing them out even more, which they definitely don't need at the moment. Is this fine allowed seeing as they submitted a holiday form and were never told that they couldn't have the time off? And is there any way in which they can appeal it? Thanks in advance for your help.

Some travel agents will not be ready for a new scheme that clarifies holidaymakers' rights if a tour operator collapses, organisers say. Travellers booking flights and holidays will be given new certificates from Monday. The Atol certificate scheme will make it clear which elements of a holiday are protected, and make refunds easier. The Civil Aviation Authority (CAA) says the protection still stands even if certificates are not ready. But the consumer organisation Which? is advising consumers not to book holidays with agents or websites that cannot provide certificates. More ...

My employer has recently decided to change the holiday entitlement yearly period to the normal Jan - Dec 25 days. previously it was 25 days from April to April. However, because of the changes they have told us that our allowance pro rata for this year, will now be less (works out at 16 days), as it will be end of year in December not April. So I'm 8 days over my "new" allowance and have been told I need to pay back one day per month from sept to Dec, and then they will take the other 3.5 days from next years allowance. This is costing me nearly £100 per month, that i cannot afford. My question is, can they do this? Do I have to pay it back? this is their decision and they ahven't offered any goodwill gesture, they've just "told" us that we have to pay back or lose it out of next years allowance?? Any advice greatly appreciated? Moantime - i seem to pay something off then another debt rears its head. I got a pay rise followed the next day by a letter from HMRC saying I owe tax which they're taking direct form my salary. I book a holiday and now this happens? End of my tether! Just when you think u can see the light at the end of the tunnel....

Hi, I need some help in regards with my holiday pay. I have accrued 93.39 of holiday hours. But i do not know how to go about claiming them. I work as a flexible resource worker and my contract was for 50 weeks. My contract says I should give atleast 1 weekss notice to book holidays. I started work on the 5th of December but the commencement date on my contract is 1st of September. So my contract should be ending soon but im not sure whether i will still be able to claim my holiday hours. (because im too late to give a weeks notice). Hope this makes sense Anne.

Hi all, we booked a weekend away this week at Pontins we paid in full over the credit card and after reading the reviews i called Pontins in the hope of a refund, they told me i have no right to a refund. I said after reading these reviews we feel we have an exceptional circumstance as we have a disabled child and do want to bring him along, the reviews are awful thety state it is dirty and unsafe but pontins state otherwise on the phone. If we get their and complain it unsafe and dirty do i have a right to a refund? i thought this was normal policy for the likes of hotels etc? can some 1 please advise if this is the case or not?? Thanks all