Fairly longish story i'm afraid! My daughter was working as a waitress on a casual basis for 8 months, about 10 hours a week. The pay was well above the minimum wage. Last week she was "sacked" - the boss got angry because she was being slow serving coffee (although in fact one of the other staff had taken the coffee she had prepared to another table). She wasn't feeling well but was doing her best but he said if she was unwell she is no use to him and she should get out. One of the other waitresses stuck up for her and she was told to get out too! This happened in front of the customers one of whom posted about it on trip advisor! Anyway, effectively he has sacked them and when they went in for their wages, their P45's were there. Now I have to say I've eaten in the restaurant myself and the food (and service) are excellent, so no complaints from me about that! Anyway, my daughter asked me to speak to him about holiday pay. I have done so and he says holiday pay is included in her wages. I asked if that was in her contract of employment. He said yes. Although in fact my daughter says she has never signed a contract of employment with him. Her payslips have a section that says "holiday pay" but the entry is always blank. His contention is that he pays a generous wage for a 16 year old (as she was when she started) and that as far as he is concerned it includes holiday pay. I have to agree that it is a good wage but my daughter has at no time been told it includes holiday pay My reading of the situation (CAB and Direct Gov sites and this site) is 1. She is entitled to holiday pay 2. It cannot just be rolled into her hourly rate (even if her contract says it is (if she even has a contract)) but has to be itemised as a separate amount. Now he says he will look into it and if she is entitled to anything he will send it in a couple of weeks. However he says IF he has to pay, it is only payable for the current tax year. He says he has previously spoken to ACAS about this and they told him he doesn't have to pay for previous years. I understand that he has no obligation to allow people to roll there annual leave over to another year. . However, can he apply the same rule to "holiday pay" - was it incumbent on my daughter to actually apply for holiday pay.

i have worked for my employer for almost 24 years on a part time basis,between 5 and 10 hrs per week.i have never had a contract in all that time.they pay tax and NI from my wages and i get a wage slip. some untrue allegations have been made against me,and i'm currently facing some kind of disciplinary proceedings. i need help with deciding if i'm an employee or a worker.and what rights or protection do i have?they have said to me that as i'm not an employee,then they do not need to follow any disciplinary process. they have wrote to me and asked for a response,i replied.they have now wrote back asking me to attend a meeting to discuss the matter further. any help would be very welcome