You and the Law – 16th June 2009

Casual approach

Are we entitled to a paid holiday? We’ve been working as casual labourers for a company for the last 12 months, and our employer won’t give us holiday pay. What’s our entitlement? BD

Unless you could be classed as self-employed (ie you’re in business in your own right) you’re almost certainly entitled to the statutory 5.6 weeks’ (from April) paid holiday a year.

You should discuss this with your employer, and may find it helpful to talk to an Acas adviser on 08457 474 747.

If you work irregular hours the amount you should be paid per week can be worked out by averaging out your hours over the previous 12 weeks.

If you apply for an employment tribunal hearing your employer will have to explain why you are not receiving holiday pay.

Wide boys

I ordered some kitchen wall and floor units.  When they were delivered they were wider than the ones I ordered, and the fitter was going to cut them down to size. I asked him to stop what he was doing and send the units back.

Can I cancel the contract, since I’ve lost faith in them, and reclaim my deposit? AZ

You were right to prevent the fitter altering the units. You are entitled to insist on what you ordered and reject anything that might prove unsatisfactory.

If you had allowed the fitter to continue, the firm could have argued that you had accepted the goods.

At present you cannot cancel the contract.  Put something in writing. Insist that the firm supplies the units you ordered within a ‘reasonable’ time, say a fortnight.

If they still fail to deliver within that time you should write again, stating that you are cancelling the contract, and ask for the return of your deposit.

If necessary you can sue the firm for your money in the small claims court.

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