Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What specific queries do you have about this situation so I can direct my advice better?
I wondered if it is legal for them to only pay me 4 hours minimum wage a day for holiday as I have never only worked a 4 hour day for them, I have to open the shop by 8.30 am and close not before 5.30 pm, except on Thurs when I close at 1.30. Also should I not get the same hourly rate on holiday or can they legally get away with that by my payslip showing minimum wage plus an extra pound an hour as 'surperviser bonus' ?
what is your normal hourly pay?
Minimum wage plus one pound, so that is £7.50 an hour at the moment, but my payslip is made up of all the hours worked, average 43 - 45 a week at minimum wage, plus an extra pound per hour as superviser bonus. They say they don't pay that when I'm on holiday as I don't supervise when I'm not there.
Under the Working Time Regulations 1998, workers are entitled to be paid during statutory annual leave at a rate of a week's pay for each week of leave. The way in which the payment is calculated depends on a number of factors, such as whether the worker has "normal working hours" or "no normal working hours".
Generally, a worker who has "normal working hours" will have their week's pay calculated with reference to those hours. This usually means basic salary, disregarding any overtime hours (except guaranteed, compulsory overtime) and without any additional bonuses, commission payments, overtime premiums or allowances.
So you can expect that your holiday pay should be calculated on the full time hours and that when you take a day’s holiday you should be paid for 8 hours because that is what you always work, regardless of what your contract says. However, you cannot add the supervisor bonus to the holiday pay as that is not the basic salary you usually receive, it is an additional payment on top of that.
So to clarify, If the minimum hours I have to work to keep the shop open are 9 hours a day on Mon, Tues, Wed and Fri and 5 hours on Thurs then that is what I should be paid on holiday, not 4 hours because of the contract they gave me ?
it is not jst what is in your contract - otherwise any employer could try and issue a contract for minimum hours and require its employees to work additional hours on a permanent basis and try to pay lower holiday pay but what matters is whether normally you work the longer hours and in your case that is clearly the case
I thought so, and this has gone on for nearly 5 years now, I have approached them about it and practically got laughed at. I'm scared to say too much and put my job in danger, what can I do, also will they owe me back pay for the previou years? I have kept every payslip as proof.
as long as you were never paid the correct amount you can claim the whole back payments as one 'series' of underpayments. You have the right to raise this, they cannot legally dismiss you for doing so - if they do it will be an unfair dismissal which you can challenge in the employment tribunal if necessary
is there a time limit to claiming the back pay ? and what if they just start to pay the right amount in future, would that mean that I couldn't try to claim back pay for the previous years?
it is 3 months from the last underpayment but if this is an ongoing issue then it will continue indefinitely. But as soon as they pay you the correct amount the time starts to run, so if they do you still have 3 months to claim for the previous pay owed
I always thought I was right, thankyou for confirming it for me.
you are welcome, hope you get it resolved