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Working with possibly no holiday pay

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But recieving more money instead. This is what someone at my work is doing and i'm wondering if i would be better off?
I am going to try and work out tonight if i am and am going to do it like this..
work out my annual figure i get paid which will include holidays and then work it out minus 20 days (my holiday) and see what figure i would get and see if a higher wage would be better? is this the right way?!
Thanks
«134

Comments

  • Employers are required by law to provide a minimum number of days paid holiday (and make the employee take it) and cannot pay in lieu of that.

    "Holiday pay should be paid for the time when you actually take your holiday. Your employer cannot include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay'). If your current contract still includes rolled-up pay, you and your employer should renegotiate it."
    http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711
    A kind word lasts a minute, a skelped erse is sair for a day.
  • gabyjane wrote: »
    But recieving more money instead. This is what someone at my work is doing and i'm wondering if i would be better off?
    I am going to try and work out tonight if i am and am going to do it like this..
    work out my annual figure i get paid which will include holidays and then work it out minus 20 days (my holiday) and see what figure i would get and see if a higher wage would be better? is this the right way?!
    Thanks
    Alternative is to get a temp job for some of the time that you will take as holiday from your main one.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Are you part time? min holidays is 28 for full time (5days.)

    there are limited cases where holiday can be paid as you go but it must be itemised seperately and be 12.07%
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 27 February 2010 at 10:19PM
    Are you part time? min holidays is 28 for full time (5days.)

    there are limited cases where holiday can be paid as you go but it must be itemised seperately and be 12.07%
    I noticed the mention of 20 days but thought it was probably 20 days plus BHs - but should have checked.

    If the 8 BHs are in addition, then probably the employer would not be open those days in any case and therefore the OP could not work them in any case.
  • Mudd14
    Mudd14 Posts: 856 Forumite
    Employers are required by law to provide a minimum number of days paid holiday (and make the employee take it) and cannot pay in lieu of that.

    "Holiday pay should be paid for the time when you actually take your holiday. Your employer cannot include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay'). If your current contract still includes rolled-up pay, you and your employer should renegotiate it."
    http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

    This is only guidance not law. Rolled up holiday pay can still be in your hourly rate as long as it is clearly shown on the payslip, is two separate payments 1) hourly rate 2) holiday pay

    Employers should not really operate new contracts on this basis as it's only a matter of time the law is changed to completley exclude rolled up holiday pay.
  • gabyjane
    gabyjane Posts: 3,541 Forumite
    Hi thanks for the replys.

    I work mon to fri from 6am - 8am so 5 days but not full time, i always work my bank holiday days as get double pay!

    I am wondering whether it is worth me asking for more money and not taking the holiday days so would i minus off 20 days pay and see what it gives me..ill do a calculation now to see as been meaning to do this for ages now!!

    ok so i earn £3328 a year from this job (2nd job)
    If i minus off 20 days holiday pay this is £256

    If I earnt say £8 an hour i would then earn £4160 a year..taking away the holiday i would lose which would be £320 i would earn £3840..so better off by £512..

    Does that sound right?! I know some will say but you wont take your holiday as you wont put the money aside etc but i would as very good with savings..we have numerous ones! of course the £8 is a guess and i have no idea what this other person is getting paid but that's one ive picked as a rough figure to go by..

    I can't lose if they say yes can i?
  • Mudd14 wrote: »
    This is only guidance not law. Rolled up holiday pay can still be in your hourly rate as long as it is clearly shown on the payslip, is two separate payments 1) hourly rate 2) holiday pay

    Employers should not really operate new contracts on this basis as it's only a matter of time the law is changed to completley exclude rolled up holiday pay.


    and from the link above

    "Rolled-up holiday pay
    Holiday pay should be paid for the time when you actually take your holiday. Your employer cannot include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay'). If your current contract still includes rolled-up pay, you and your employer should renegotiate it."

    i'm pretty certain your employer HAS to pay you for holidays as and when you take them, you can't do rolled up anymore
    Nonny mouse and Proud!!
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  • Mudd14
    Mudd14 Posts: 856 Forumite
    Forget direct gov find me the employment law that states you cannot pay rolled up holiday pay. I have questioned this with many employmet law solicitors which all confirm the same. You can pay rolled up holiday as long as it is clearly marked as two rates.

    Gabyjane - you must take at least 5.6 weeks off work regardless of how the holiday is paid.
  • Mudd14
    Mudd14 Posts: 856 Forumite
    Sorry just to add, this article sums up rolled up holiday pay nicely;

    http://www.personneltoday.com/articles/2006/04/11/34868/rolled-up-holiday-pay.html
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 28 February 2010 at 12:12AM
    gabyjane wrote: »
    Hi thanks for the replys.

    I work mon to fri from 6am - 8am so 5 days but not full time, i always work my bank holiday days as get double pay!

    I am wondering whether it is worth me asking for more money and not taking the holiday days so would i minus off 20 days pay and see what it gives me..ill do a calculation now to see as been meaning to do this for ages now!!

    ok so i earn £3328 a year from this job (2nd job)
    If i minus off 20 days holiday pay this is £256

    If I earnt say £8 an hour i would then earn £4160 a year..taking away the holiday i would lose which would be £320 i would earn £3840..so better off by £512..

    Does that sound right?! I know some will say but you wont take your holiday as you wont put the money aside etc but i would as very good with savings..we have numerous ones! of course the £8 is a guess and i have no idea what this other person is getting paid but that's one ive picked as a rough figure to go by..

    I can't lose if they say yes can i?

    You should be getting 5.6 weeks(28 days) for the 5 day week not 20days

    Fix that first.

    edit: what holidays do the full timers get?

    rolled up or paid it will be the same.


    My OH gets rolled up holidays, so the NHS think it is OK.
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