Issues and problems may arise from time-to-time in relation to entitlement to pay, including bonuses and commissions or in connection with entitlement to holiday pay or sick pay. We can advise you on how to deal with these employment rights.
- holiday pay
- statutory sick pay
- statutory maternity pay
- bonus entitlement
You cannot make a deduction from pay unless:
- the employee has given prior written consent to this
- it is required or permitted by a statutory provision or the contract of employment
If these conditions are not met, the employee may be able to bring a claim for unauthorised deduction of pay.
Holiday and sick pay
Minimum holiday rights were first introduced by the Working Time Regulations in 1998. These rights have been increased over recent years to 28 days annual holiday, including bank holidays, for full-time employees and workers. This is reduced pro-rata for those working part-time. Some employers provide more holiday than this in the contract of employment. Calculating holiday entitlement can be more difficult for employees working variable hours or part-time.
The legal entitlement to holiday is a right to take the holiday. There is not normally a right for payment to be made in lieu of holiday although this may be permitted if the employee has outstanding holiday when they leave employment and in certain other circumstances. You may be able to recover holiday taken in excess of the employee’s accrued entitlement.
Our solicitors can advise your company on all aspects of an employee’s pay entitlements.