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Holiday Pay - Undated

  1. I have been working as a waitress at a restaurant for the last 12 months. When I asked my boss for a weeks holiday he advised me I could have the holiday but that I wouldn't be paid for it. Is this right?

  2. As an employee you are entitled under the law to have 4 weeks paid leave every year. If you have not used up your holiday entitlement you would, therefore, be entitled to take paid holiday.

Q I only work Party Time. Does this affect the position?

  1. Part Time employees are also entitled to four weeks paid holiday each year. Because you work part time the holiday is worked out on a pro rata business. This means if you normally worked a 3 day week you would be entitled to 4 weeks holiday based upon a 3 day week which would equal 12 days holiday.

  2. If I left my job without taking my full holiday allowance for the year, can I ask to be paid in lieu?

  3. Yes. On termination of your employment you are entitled to be paid for any accrued but untaken holiday in the current holiday year. However, you cannot claim to be paid for untaken holiday for previous years unless expressly agreed with your employer.

If you would like any specific advice or assistance in respect of the above issues please telephone 0808 231 7043 and ask to speak to Paul Hargreaves in the Employment Team who will be pleased to assist you.

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Patterson, Glenton & Stracey

Law Court Chambers
Waterloo Square
South Shields NE33 1AW
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Tel: 0808 231 7043
Fax: 0191 455 7380
DX 60750 South Shields


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10 Coronation Street
South Shields NE33 1AZ
Map and Directions

Tel: 0808 231 7043
Fax: 0191 455 7381
DX 60750 South Shields

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