Document Actions
I have a second job and pay tax and National Insurance, am I entitled to holiday pay?
I have a second job and I pay tax and National Insurance but my employers will not pay me holiday pay. I have worked for them for a year. A previous employee has left and claimed holiday pay which they paid after receiving a legal letter but they still refuse to pay me. What are my rights?
Under current regulations all workers including part-timers and most agency and freelance workers have the right to 4.8 weeks (24 days) paid leave each year. This will increase to 5.6 weeks (28 days) on 1 April 2009. For each week of leave workers are entitled to be paid a week's pay as follows:
If a worker's pay does not vary with the amount of work done then a week's pay is the amount due for a week's work under the worker's contract. If a worker's pay varies with the amount of work done then the amount of a week's pay is the pay for the normal weekly working hours multiplied by the workers average hourly rate over the preceding 12 weeks.
If a worker has no normal working hours then a week's pay is the average pay received over the preceding 12 weeks. Any week for which no pay was due should be replaced by the last previous week for which pay was due.
If your employer is not abiding by the above rules then you should write a letter of grievance immediately. Your employer then has 28 days to respond after which if he has not responded or you are not happy with the response then you should seek further legal advice.
We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.
Please come back to us if you have any other legal matter we can assist with in future.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
