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Author Legal Advice - RE: Holiday Pay
Jamie
Member

Registered: 1st Apr 02
Location: Aberdeen
User status: Offline
18th Jul 05 at 19:44   View User's Profile U2U Member Reply With Quote

I'm entitled to 4 weeks holiday pay a year

Yet last 2 weeks I've been off I was never given it.



So contact the manager and she goes on about a "13 week" gap between my last paid holiday (2 weeks in May 05)


Is this legit or shitte?


richard_syko
Banned

Registered: 17th Dec 03
Location: Newport, Wales
User status: Offline
18th Jul 05 at 19:46   View User's Profile U2U Member Reply With Quote

tell her to GTF, then do her dry,
post pics and vids
Robbo
Member

Registered: 6th Aug 02
Location: London
User status: Offline
18th Jul 05 at 19:52   View User's Profile U2U Member Reply With Quote

Bullshit
Ryan L
Member

Registered: 4th Mar 03
Location: Essex
User status: Offline
18th Jul 05 at 19:56   View User's Profile U2U Member Reply With Quote

every employee, whether you've been employed for a week or 25 years is entitled to 4 weeks paid holiday based upon your contracted hours as per the 1998 Working Time Regulations.

You can quote me on all this, any extra help you need U2U me
Jamie Walby
Member

Registered: 15th Nov 04
User status: Offline
18th Jul 05 at 19:56   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by richard_syko
tell her to GTF, then do her dry,
post pics and vids


I Concur
MarkM
Member

Registered: 11th Apr 01
Location: Liverpool
User status: Offline
18th Jul 05 at 20:12   View User's Profile U2U Member Reply With Quote

She is talking shite....

Bum her
Jamie
Member

Registered: 1st Apr 02
Location: Aberdeen
User status: Offline
18th Jul 05 at 20:29   View User's Profile U2U Member Reply With Quote

Doesnt help I got offered a job again at Halfords - and took it

So guess this is her outcome
Dan B
Member

Registered: 25th Feb 01
User status: Offline
18th Jul 05 at 20:35   View User's Profile U2U Member Reply With Quote

The relevant part of the Working Time Regulations Act 1998:

Payment in respect of periods of leave
16. - (1) A worker is entitled to be paid in respect of any period of annual leave to which he is entitled under regulation 13, at the rate of a week's pay in respect of each week of leave.

(2) Sections 221 to 224 of the 1996 Act shall apply for the purpose of determining the amount of a week's pay for the purposes of this regulation, subject to the modifications set out in paragraph (3).

(3) The provisions referred to in paragraph (2) shall apply -


(a) as if references to the employee were references to the worker;

(b) as if references to the employee's contract of employment were references to the worker's contract;

(c) as if the calculation date were the first day of the period of leave in question; and

(d) as if the references to sections 227 and 228 did not apply.



(4) A right to payment under paragraph (1) does not affect any right of a worker to remuneration under his contract ("contractual remuneration").

(5) Any contractual remuneration paid to a worker in respect of a period of leave goes towards discharging any liability of the employer to make payments under this regulation in respect of that period; and, conversely, any payment of remuneration under this regulation in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.
Jamie
Member

Registered: 1st Apr 02
Location: Aberdeen
User status: Offline
18th Jul 05 at 20:42   View User's Profile U2U Member Reply With Quote

Dan B - :legend:

Link me up please
Ryan L
Member

Registered: 4th Mar 03
Location: Essex
User status: Offline
18th Jul 05 at 20:44   View User's Profile U2U Member Reply With Quote

strictly the Working Time Regulations don't apply anymore as they have been consolidated inder EU statute by the Working Time Directive 2003/88/EC, but what is above (although copied from a website) seems to be true still
Dan B
Member

Registered: 25th Feb 01
User status: Offline
18th Jul 05 at 20:46   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by J-Me
Dan B - :legend:

Link me up please

http://www.dti.gov.uk/er/work_time_regs/wtrsi.htm
Dan B
Member

Registered: 25th Feb 01
User status: Offline
18th Jul 05 at 20:49   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ryan L
strictly the Working Time Regulations don't apply anymore as they have been consolidated inder EU statute by the Working Time Directive 2003/88/EC, but what is above (although copied from a website) seems to be true still

Some parts of the regulations were amended on 1/8/2003, after the EU-meeting, details of which can be found on the following website:

http://www.hmso.gov.uk/si/si2003/20031684.htm
Jamie
Member

Registered: 1st Apr 02
Location: Aberdeen
User status: Offline
18th Jul 05 at 21:26   View User's Profile U2U Member Reply With Quote

Big thanks to Dan B and especially Ryan L


 
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