You and the Law – 9th August 2011

Holiday pay

My son started work just over a year ago.  He’s contracted to work four hours on a Saturday, but he’s actually been working up to 40 hours a week.  Last year he was paid only 22 hours holiday pay for the entire year, and this year he took a week off but was only given four hours’ pay.  I think he’s being taken advantage of.  TG

His employers are sticking to the letter of the law, or at least the guidelines which suggest that workers should be paid the ‘normal’ rate for their holidays, defining normal as the hours fixed by their contract of employment.  So if your son has a written contract and his extra hours are classed as overtime, then his employers aren’t actually breaking the law and your son should ask his manager to update his contract.  If his contract was verbal, ie the manager just asked him to come in on a Saturday and then invited him to work more often, he will have a better case for arguing a holiday pay increase.

Tight squeeze

We live in a dead-end road over which we have a right of way.  There are only six houses, but one of the owners claims to have a right to park his car in the road, which gives us just 18in to squeeze past on foot.  As far as I am aware, none of the other properties has parking rights.  How did our neighbour get his?  PM

If it’s a private road and all the houses were built at the same time, it is likely that the deeds to all the properties will be more or less identical. If you have only pedestrian access over the road it’s unlikely that your neighbour will have anything more, although it is possible that he will have acquired the right to park his car outside his house by doing so over many years.  Take your title deeds to a solicitor; you may be able to force your neighbour to move the vehicle if it is causing an obstruction.

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