never been paid for bank holiday and get holiday pay?

gilbert

hi,guys,i just post this thread to seek for help for my mate. he worked in pub for last four years,i was amazed that he never had a holiday off from his job, surely he did not get any holiday pay from his employer. he worked in the kitchen as KP, recently the kitchen has been taken over by his chef. he works for his chef. and he try to ask his previous employer for holiday pay for last 4 yrs.and the manager said it has gone,you could get the money for that.thus what should my mate to deal with this!

and he is not member of any union. i talked to one one officer of union(manspower),they said that he is not member of union.They ask him to pay 400 euro for penalty. that sounds funny to my mate.:eek:

he would like to seek for effective and quick to finish the case without causing any trouble with his job.

thank you!

eth0_

After the year is over, you're not entitled to claim back money for holidays un-taken.

In any job i've ever worked in, you have until February at the latest to use up any holidays you didn't take in the previous year, and you never had the option to get cash in lieu. You'd only get the cash if you had built up un-taken holidays and you left the job.


Why didn't your friend take any holidays for FOUR YEARS? :-O

gilbert

i have no idea about that. but i think he should at least get holiday pay from the previous employer.

eth0_

gilbert wrote: »

i have no idea about that. but i think he should at least get holiday pay from the previous employer.

Why? It's not his employers fault he never took any holidays, it's HIS fault.
An employer is not obligated to pay you for unused holidays once its the next tax year.

I am just baffled that someone could go 4 years without a holiday, especially in a job as stressful as pub/catering work!

seamus

eth0_ wrote: »

Why? It's not his employers fault he never took any holidays, it's HIS fault.

Actually, this is incorrect. The employer is legally required to send the employee on holidays during the year. An employer cannot let holidays "expire".
However...

An employer is not obligated to pay you for unused holidays once its the next tax year.

...is correct. Although the employer is required to send you on holidays, they are not required to pay you for unused holidays at the end of the year (because a person should not have unused holidays at the end of the year).

His only real option is to report the employer to NERA for failing to fulfill his obligations.

It may be possible to point out to the employer that he failed to send him on holidays and come to some mutual arrangement without reporting him to the authorities.

eth0_

What's the maximum NERA can award? Isn't it 4 weeks pay?

kluivert

Under the Working Time Act he should have taken holidays.

As said above it is the employers responsibility to ensure that this is done.

Did he ever have sick days, where the employer paid him for in lieu of holidays.