Work Holiday Pay & Entitlements

[Tom27]

This is quite long, so be prepared to read.
Its quite difficult to understand, so please read thoroughly if your abit slow XD

Here goes:

I work for a small Italian restaurant at 16 hours per week, 4 days a week.
I only have this job due to the Job Centre paying half of my wages to the owner/manager of the restaurant, and I'm contracted for 6 months. (I have currently been working here for 3 months & 1 week).

The family are about to take a holiday to Italy for a wedding, and will be closing the restaurant down for 2 weeks from the 19th May - 7th June.
Now the owner has insisted on me putting my holidays in during 1 of the weeks that she is on holiday, and I thought fair play this isn't an issue and It will do the business a favour in the long run.

I then got in to a discussing with the owner regarding what I will be required to do etc during the weeks they are on holiday.
She replied with "The first week you will have a weeks holiday, but only paid for 4 days and not 7 because we are closed Mon/Tues/Sunday anyway. And the second week you have to work in my husbands restaurant because its in your contract."

Now...
Firstly, shes putting me in for 1 weeks holiday but I will only be receiving 4 days worth of pay. (I am entitled to 1 week)
And the other 3 days won't be paid (Even though the restaurant is closed on these days)..

Secondly, she said its "In your contract" to work at her husbands other restaurant.
I didn't sign anything, nor did I verbally agree to work anywhere else.

----

I'm just looking to shed some light on this situation atm because I beleive that I am correct.

-If the owner puts me in for 1 week (7 working days) of holiday, then I should receive 7 days worth of pay?

-If the owner closes the restaurant at her own accord, I should still be paid due to being contracted 16 hours (Not classified as holiday pay) ?

-I shouldn't have to work anywhere else, especially if I didn't give her any signatures?

/Aaron

 

[Jalell]

On the 1st one the owner is right due to the fact that the restuarant is only open 4 days a week and on the 2nd one you are right because you didnt sigh or say anything to agree to it, So i would go to her and say i wan't 2 weeks holiday.

 

[Ardbeg]

If the job centre is involved in paying some of the wages, you must seek their advice.
It's not your fault they decided to close so it's possible you're entitled for the second week too.

A contract of employment can be verbal but is better as a document.
Sounds to me like yours is based on a verbal agreement when you started. This could be in your favour here as there's no written evidence backing their stance but, of course, there's nothing backing you up either.
Don't assume anything. Be it what they say or what you think, talk to the Job Centre first and use this link for more info.
https://www.gov.uk/browse/working

All that said, if you like working there and they're good people, be careful not to alienate them with any official grief.

Good luck.

 

[Tom27]

Yeah contacting the job centre was my next line of contact incase I couldn't get any replies on here.

A few friends/family members said that I should only be put in for 4 days holiday and not the 7 due to it being closed on those days all of the time.

She is trying to put my holidays in for the mon/tues/sun when the restaurant is always closed on those days anyway.
And ofc she isnt paying for them.
Obviously shes putting 3 days holiday in for the week which are not paid.
Surely this is wrong? Right?

Also: I didn't verbally agree or sign any documentation saying that I have agreed to work for her husbands restaurant.

Do you think i'm entitled to the full 7 days of holiday pay?
Or do you think that the owner should only put me down for 4 days holiday?

The owner is a known con artist when it comes to business side of things due to her running food business's for 20+ years.
She has a business mind ;/

 

[Koriban]

The Job Centre will answer all of these questions and you should only seek advice from them; but frankly from my limited knowledge I would of thought:

You should be put in for 4 days holiday and be paid for 4 days. If she's requesting 7 days holiday, she has to pay you 7 days.

You do not have to work anywhere else, unless it's explicitly written in your contract.

But circumstances could be different.

http://www.adviceguide.org.uk/engla...tm#what_your_contract_must_say_about_holidays Informative site may be of use to you.

 

[Far]

since you only work 4 days a week, 1 week holiday is classed as 4 days pay.

you should have been told how many weeks holiday pay you have per year, for example 4 weeks + bank holidays.

Some companies do it by day others by week.

There's no way that they meant you have to take 7 days of your holiday and only give you pay for 4 of them.

--

On the second note, what don't you like so much about working at another resturant for a week? If anything it's just more to add to your CV, and shows your willing to go that extra mile.

Unless the other restaurant is much further a way, or you know it to be terrible to work at - i'd just do it.

 

[Tom27]

Cheers guys.

@Kor - I'll read through that website now & more than likely contact the job centre on Monday or something

@Far - So realisticly I should only be put down for 4 days and have 3 remaining for the following week would you say?
And yeah its abit too far to travel as I'm only on minimum wage (£4.98). Its around a 4 hour shift and a taxi will cost me £15-£20 there and back.

 

[Far]

Cheers guys.

@Far - So realisticly I should only be put down for 4 days and have 3 remaining for the following week would you say?

No not really.

I've just re-read your original comment on holidays, and you said you have 1 week holiday to take. This doesn't mean you have 7 days, it means you have 1 of your working weeks. This is called pro-rata. So basically you only have 4 days to take.

Pro-rata is a companies way of fairly giving out holidays. So that someone who works 3 days a week wouldn't get the same amount of holidays as someone who works 6 days a week. It goes by working weeks. Usually in most business's you get 4 weeks pro-rata. So if i work 5 days a week, i get 20 days. If i work 4 days a week i get 16 days off.

If you have to take 1 week off, then you no longer have any holidays left. (Unless you 'contract' specifies you have holidays in days, rather than weeks)

Hope that makes sense.

 

[Tom27]

Would this still apply even though the restaurant is closed for the other 3 days anyway?
Closed: Mon/Tues/Sund
Open: Wed/Thurs/Fri/Sat

 

[PRIMO]

if you only work 4 days a week 4 days holiday time is classed as one week. even if they are closed. u dont get 7 paid days off if u usually only work 4 out of the 7 days. that would be madness theyd be giving you free money.

some places work differently at my work i get allocated holidays days ie i get 36 holiday days a year to spend as i choose, so its easy to work out if i work 5 days a week i use 5 holidays and i get 7 days off.

other places do it in weeks so youd get 6 weeks a year in which case if i booked one week off id get paid for the 5 days i work and the other 2 would be my regular days off so i would not get paid.

 

[Far]

Would this still apply even though the restaurant is closed for the other 3 days anyway?
Closed: Mon/Tues/Sund
Open: Wed/Thurs/Fri/Sat

As primo said, unfortunately you still only have 4 days to take.

 

[Tom27]

Damn it ;( lol!

I think i'll just get on her case about the whole contract situation then seen as I didn't sign anything ^^

 

[PRIMO]

id be careful witht hat too, if u didnt sing a contract then they could argue well if u arent contracted to work here we will let u go then they wont pay u anything at all.

 

[Ardbeg]

We all have our opinions, informed and uninformed views here Tom however, you must really only go by what the Job Centre peeps tell you.

 

[Tai]

You can't take a day off if the company's closed, can you. That's like me going to my boss and saying "hay can I take this Sunday off as annual leave?" I never work Sundays. We're closed. Impossible.

You just need to clarify how many DAYS holiday you can have, as "a week" is pretty vague, as explained by the others.

 

[Tom27]

id be careful witht hat too, if u didnt sing a contract then they could argue well if u arent contracted to work here we will let u go then they wont pay u anything at all.

I'm contracted a guaranteed 6 months with the place through the job centre & shes been pre-paid for it.
Luckily for me she cant go back :P

We all have our opinions, informed and uninformed views here Tom however, you must really only go by what the Job Centre peeps tell you.

True

You can't take a day off if the company's closed, can you. That's like me going to my boss and saying "hay can I take this Sunday off as annual leave?" I never work Sundays. We're closed. Impossible.

You just need to clarify how many DAYS holiday you can have, as "a week" is pretty vague, as explained by the others.

Aye, I sat down and went through everything with her.
Sadly for me, I only got paid 1 weeks holiday and she gave me the 2nd week off (no pay)

I'm considering contacting the Job Center as I'm now into my 2nd week & struggling for cash already >.<

 

[FUTURA]

Tai is right. If the restaurant is closed then take 4 days off and get paid for 4 days, and you have the remaining 3 off due to closure of the workplace. You should then have 3 days of holiday remaining for which you should receive 3 days pay for. IF you haven't signed a contract to work in her husbands restaurant and haven't verbally agreed, then there is no contract. However you must have signed something at the Job Centre, which may entitle them to choose your place of work. Needs to be checked.

Also if you're only entitled to 1 week off straight, and not to split it up, then she has to pay you 7 days regardless of what the restaurant does. 7 calendar days = 7 days pay regardless of weekends or other ****. So if you are entitled to 7 calendar days, she has to pay you. If 7 working days, she pays you for 4 days and you have 3 days remaining.

SOURCE: 5 years of law school and 2 years working in private equity law.

 

[daneo1989]

Tom27, regarding the 7 day holiday, as your only contracted to work 4 days a week, Written or Verbal. BY LAW you cannot take holiday pay on REST day's. (I have try'd to take holiday pay on my rest day's because it was end on the year you either take them or loose them i actually went to the Citizens Advice Bureau) I would talk to your job centre adviser

Regarding working at your boss's other restaurant its an job wether its at one or the other. if you say you didn't sign any sort of contract i wouldn't think you would be entitled to any sort of benefit from the company

 

[DevilsKnight]

Holiday is worked out pro-rata. You work a 4 day week, a weeks holiday for you is 4 days. You as a part time worker for these 6 months are entitled to 2.8 weeks PAID holiday, for you thats 11.2 days.

Regarding working at another restaurant, by doing this you and her will be breaking the law. The job centre has already paid her for you to work at her restaurant, nowhere else. If she wants/needs you to work for her brother then it is down to you and her brother to agree your employment terms.
Not only that, your place of work is her restaurant. If you drive there your car insurance covers you for this. If you drive to her brothers restaurant, this is not your place of working and unless you have business use on your car insurance you are not insured to drive there.

I work for a very large company and have to go through a lot of BS with driving and all that sh*t.


Dk

 

[Tai]

Not only that, your place of work is her restaurant. If you drive there your car insurance covers you for this. If you drive to her brothers restaurant, this is not your place of working and unless you have business use on your car insurance you are not insured to drive there.

o_O

So I normally work in Norwich, but occasionally need to visit another branch for training, you saying I can't drive my own car there? Lol