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Should they pay me?

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
As you might know, I'm working as a waitress right now. I do roughly 20-24hrs a week, but am called "full-time" by my boss because I work five days a week. All the other waitresses are part-time or casual, so only me, the chefs, the kitchen porter and the bosses (and owners) are full-time.

Every summer, the owners close the place down for two weeks, so "all the full-time staff can go on holiday at the same time" - so in effect, they are dictating to us when we can take our holidays (which I'm not sure is actually legal). I don't know about the others, but I don't have a contract, I've never signed anything, and there was never anything mentioned when I took the job about holidays (I started off as casual, then became "full-time" after 3 months once someone left).

It may be okay for the other guys because they are all the "bread-winners" for their family and their wives and kids will fit in with when they get time off work, but if I want to go on holiday with my parents, I can only go in Sept/Oct when my Dad can get time off from his job. I've been told they won't be happy if I want two weeks off at any other time than these two weeks because that's when I'm "supposed" to take my holidays.

My question is - as I am actually available to work those two weeks, should they actually pay me? I doubt I would get holiday pay if I took my holidays at some other point, but I do know that the staff who usually work Mondays (I don't - Sunday and Monday are my days off) get paid (normal rate) for Bank Holiday Mondays which they don't work because we don't open (if you get me).

Does anybody know anything about this, or could you point me in the right direction to find out? :) Thanks!

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    These are just opinions, so you may need to speak to someone else, but:

    You aren't "full time" at all! It doesn't matter how many days you work but how many hours you work.

    You don't have a contract and are therefore deemed "casual staff" therefore if you are available for work when they are shut then ts, not a lot you can do about it. No contract = casual staff.

    Ask for a contract if I were you or you aren't entitled to much in the way of holidays etc.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    *I* know I'm not full time - to me, full time is 37.5 hrs a week - but my bosses deem me one of the full-time staff because I'm there more than the rest of them :(
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Your bosses are incompetent and they're using you.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Go to this site which I found useful, it has all the information there

    www.adviceguide.org.uk

    Hope it helps you :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    WERAS Wages and Employment Rights Advice Service Helpline
    Telephone service for low paid workers, their advisers, employers etc. Offers information and advice on pay, employment rights, and benefits.
    Helpline: 0800 220823
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You might also have more rights if you have been there for more than 2 years.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Just a quick update -

    I worked my last shift before my holiday on Saturday night, and was given my holiday pay then! Yay! :)

    My boss worked out I'd worked there 8.25 months (officially! ;)) and I get a day's holiday per month I've worked. Then she worked out my average wages per week over the last three months, then average wages per day from that, and gave me 8.25 times that daily rate... worked out to be an alright figure for sitting on my butt for a fortnight! ;) (I'd rather not put the numbers/amounts in - don't want to start any Nat. Min. Wage arguments! Tho it is above that!)

    Anyway, I'm off to sunbathe and do nothing for two weeks :)
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