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Post Info TOPIC: Hourly rate & Holiday pay
Artois


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Hourly rate & Holiday pay
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Hi all

Not work just a query, a friend of mine asked me earlier about her daughter who is doing some instructing part time at a gym, she enquired about holiday pay and was told that she was not entitled to any as this was built into her hourly rate, this did not seem right to me but I do not know enough on employment law, can anyone confirm whether this is indeed acceptable.

Cheers



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Doug

These are only my opinions of how I see things and therefore should not be taken as advice
Helz


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Hi Doug No, that is not allowed - hasnt been for several years now. No idea if this will work, but may be a link to the gov.uk site on the subject https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics Helen

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Kinbuck


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Artois wrote:

 

Hi all

Not work just a query, a friend of mine asked me earlier about her daughter who is doing some instructing part time at a gym, she enquired about holiday pay and was told that she was not entitled to any as this was built into her hourly rate, this did not seem right to me but I do not know enough on employment law, can anyone confirm whether this is indeed acceptable.

Cheers

 Hi Doug

I'm not up on employment law but I read on HMRC's website the other day that an employer can't include an amount for holiday pay in the hourly rate - https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

smile

 



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Janet

They keep making the system idiot proof but then make bigger and better idiots!
Artois


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Thank you both for the replies, I will pass the link on for her to have a look at.

Cheers 



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Doug

These are only my opinions of how I see things and therefore should not be taken as advice
Leger


Master Book-keeper

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Hi Doug

Google rolled up pay as well.  I was on rolled up pay when this ended in 2008 so remember it well.

Just out of interest.  Is her hourly pay currently £9.20 or above?  If it isn't (and I very much suspect it isn't) then the employer is also paying below minimum wage, as that is the equivalent including holiday pay.

Also, is she on zero contract/irregular hours?  It's sometimes the case that employers believe the worker isn't entitled to holiday pay but the law states that holiday entitlement should be paid regardless.



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John 

 

 

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Artois


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Hi John

Thanks for the reply, have not spoke to her since I passed on the link from Helen & Janet but as far as I was told she was on £10 per hour which included holiday pay, not sure what sort of contract she was on so will have to find out.

Cheers



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Doug

These are only my opinions of how I see things and therefore should not be taken as advice
Leger


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That's not too bad then, it's the equivalent of £8.92 an hour. The employer is definitely doing it wrong though.



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.
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