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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70363
Experience:  Qualified Employment Solicitor
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I used to employ a Nanny. I paid her the forlough pay via

Customer Question

Hi, I used to employ a Nanny. I paid her the forlough pay via government scheme. She asks for holiday pay on top of this. Our contact states that she is expected to have one holiday during the school summer holidays, Christmas and New Year break. My question is do I need pay her holiday pays. Thank you.
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: No
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: I am the employer.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's it.
Submitted: 13 days ago.
Category: Employment Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 13 days ago.
Thank you Ben.
Expert:  Ben Jones replied 13 days ago.

Hi there. Can I just check, how many days does this equate to? and how long has she worked there for please?

Customer: replied 13 days ago.
She started from September last year and her contract ended 31/August this year.
Customer: replied 13 days ago.
She is asking for 23 days for additional holiday pay .
Expert:  Ben Jones replied 13 days ago.

OK and please could you also clarify how many days she is entitled to contractually?

Customer: replied 13 days ago.
34;You and the Employer will discuss the holiday plan. Under the normal circumstances, you can expect to have a one month’s holiday during the school summer time, and additional time off for Christmas and New Year."
Customer: replied 13 days ago.
My question is given it is says in the contract that she is expected to take her holiday during the school summer holidays, and I have already paid her from March to August the forlough pay, do I still need to pay her the holiday pay on top of it.
Expert:  Ben Jones replied 13 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience. Employees have certain rights in relation to holidays and the main thing to be aware of is that they have minimum holiday entitlements based on the number of days they work. A full time employee working 5 days a week is entitled to 28 days holiday a year, with the entitlement reducing pro rate for part time workers (e.g. 4/5ths of that entitlement for someone working 4 days a week).

So you first need to establish what entitlement she had for the holiday year. Once you have that, you need to check how many holidays she has taken. Any officially booked holidays would be taken off and then you also have the clause in the contract which states that she is expected to take a month off in the summer holidays. You can argue that it means she was already officially given notice that a month of her holidays would be taken during that period and it is automatically the case. So you would then have to ensure you pay her full pay for that time. If her furlough payment was 80% wages, you have to top up the 20% to ensure she is paid full pay for these days. However, if her furlough pay was already 100%, then she won’t be due anything extra for them now.

Hopefully this clarifies your position.

Customer: replied 5 days ago.
thank you for your explanation.
Expert:  Ben Jones replied 5 days ago.

You are most welcome. If you have any further questions about this then please do not hot hesitate to get back to me and I will be glad to help. All the best