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    Holiday Entitlement - Part time workers paying NI contributions

    My sister and mum have both been told by their employers that they are not entitled to holiday pay - one works for a public house doing cleaning and cooking - working between 15 and 22 hours per week, and other works in a golf club for the guy who has the kitchen franchise for 20 hours off season, rising to max 40-50 hours during season time. Both have asked their employers and have been told they are not entitled although the kitchen franchise holder has told waitress and my mum (who is the other cook) that he will give them a share of his profits at end of year - and will even show them his books. He only pays my mum £6 per hour - cook work is scarce where she stays and she was previously doing work at a castle Centre doing counter work - serving etc and only getting 10p an hour over minimum wage so when she went for this interview she just told him she wanted more than she was currently getting (She wanted back into kitchen and being left to run that side of things herself rather than be dictated to every two mins, plus they cut everyones hours due to credit crunch/downturn in work during off season)...

    From what I can see everyone is entitled to holidays and employer can easily calculate this online based on hours - or are certain employers excluded? Neither have a contract of employment....And both are based in scotland....

    Thanks for any info/advice/thoughts!

    nikki

    7 Comments

    go to the citizen advice ppl

    i had work part time b4 and always entitled to holidays

    "How much holiday you get is normally set out in your contract of employment. The statutory minimum is 4.8 weeks, but this can mean different amounts depending on your working hours or working pattern."

    "For a basic calculation of your leave allowance multiply the number of days you work a week by 4.8. For example, if you work a five day week it would be:

    5 x 4.8 = 24, so you are entitled to 24 days' annual leave a year."

    pretty sure its illegal to deny holiday

    direct.gov.uk/en/…642

    Dont know if its different in Scotland but I doubt it.

    Employment Law protects every employee with the minimum contractural requirements so basically everyone has certain rights whether written or not. This would include holiday pay - even agency staff have to be paid it now. Hope this helps.

    i have had part time employees and they are entitled to holidays, the citizans advice do have an hand book showing all entitlements. however it depends on their contracts as a couple of things you said may affect it :- share in profits, are they seen as partners/owners or is it a performance bouns? and seasonality are they empolyed for a season or permanantly?
    best bet is for them to go get advice and clarify what their contracts are.

    Original Poster

    Think they are too worried they will end up out of work so dont want to push it by going to CAB...Will check n their behalf and see what CAB says!

    are they not considered as long term temporary or something like that where they are basically employed week by week?
    eg say a cleaner in a school is paid for the work they do during term - but they aren't needed during holidays and dont get paid...sort of unpaid holiday?

    Original Poster

    For info, both are full time employees, not employed week by week...sister has been doing her job for about 18 months, and my mum since November but only 20 hours off season rising to 40-60+ in season depending on outings etc.....
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