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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hello, I work in a private nursery as a teacher, in Ealing.

Resolved Question:

Hello,

I work in a private nursery as a teacher, in Ealing. I started last September 2012. I do not get paid during the holidays (the nursery is term-time only) as the contract says that the holidays pay are included in the working hours. On my pay slips, nothing appears concerning my holiday entitlement; only the number of hours worked.
I would like to know if that is legal, if not, what do you advice me to do.

Thank you.

Fouzia
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Holiday pay should be paid for the time when annual leave is actually taken.

It is unlawful for an employer to include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’).

If your employer is paying rolled-up pay, then your contract needs to be re-negotiated.

The best way to do this is to lodge a grievance/complaint with your employer. If they refuse to accept this as the correct position in law then you might have to start a claim with the Employment Tribunal.

Alex
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