Holiday Pay question/problem

I was let go by my old company 3 weeks ago and my (ex)boss is giving me some trouble regarding holiday pay owed.

I was paid a retainer of x amount each week equaling two days work. This was paid so I was available at all times for two days a week.

I didn't work 12 weeks out of the previous 46 weeks (The majority of that was because we didn't do/weren't open for 7 weeks over Christmas due to bad weather/ we just weren't open) The other 5 were for various reasons.

I was constantly available to fill out my two days and at no time requested holiday leave since I started in Sept '10.

But the ex-boss is under the assumption that I'm not entitled to any holiday pay as I got paid for weeks I didn't actually work.

I understand his point, but I think the important thing is I was available to work. I couldn't head away for any of those weeks I didn't work. I was expecting to be working two days out of those weeks.

We have no contracts, so I presume it'll be by the law of the land.

The way I see it, I'm entitled to 8% of my wages (being a part-time employee).

Opinions? Facts?

wmpdd3

You are right in the fact you are entitles to 8% of your total 'hours worked'.

Unless you were told this was holiday pay and that is what it said on your payslip, you can take it that you were not paid holiday pay. Really it all down to what you can negotiate with your old employer, the amount is too little to sue for so I'd say work out what you are entitled to and set it out in writing to him.

You could call NERA as it is a bit of a different one.

Thank you for that. I got an email today saying the company accountant is going to ring the dept of trade and enterprise as the accountant himself wasn't sure. I've contacted NERA myself, but in an automated reply said they might take 15 days to get back to me.