Holiday entitlement calculation issue.

HI, I have posted something similar in another section of the forums as did not notice there was a specific Citizens Advise section.

My issue is that my company currently calculate my pay as if my weekly hours differ, They use the previous 12 weeks to calculate my average daily hours, Now i know this is common practice but my problem is that my weeks do not differ, I work 8hours Monday, Tuesday and Wednesday, Saturday i do 10 hours and Sunday 12 hours, Totalling 47 hours a week, Everyweek for the past 3 years.

The only time that i do less than 47 hours a week is if i am either sick which is unpaid or i need to take any other unpaid time (dependant or parental leave), Now if i want to take any annual leave that has these unpaid days in the 12 week calculation it reduces my daily annual leave hours and therefore pay, If it were a few weeks from that 12 weeks i have had to take unpaid then that will greatly reduce it, Surely this is not right, I should not be in detriment for having Annual leave

i have gone through HR and they have made the decision that i am wrong and they will continue calculating the way they do, They see me as a varying weekly employee when i work at least 47 hours every single week, The only time these hours differ is if i am required to do a little overtime, if there are unpaid days in that week or if i have had annual leave in that week and the average of the previous 12 weeks has been put in for the hours those days.

I am considering going through the Greivence policy but my HR department is making me doubt my position. Am i correct in fighting this?

As said to them i actually am not looking for payment from previous low paid Holidays but if in the Future i ever have have a need to take a long unpaid period off i don't want to have to fight it then.

Comments

  • paddedjohn
    paddedjohn Posts: 7,512
    First Anniversary
    Forumite
    If any of the previous 12 weeks was not a full week then it's discounted and week 13 is used then week 14 untill you have a full 12 weeks to make the calculation.
    Be Alert..........Britain needs lerts.
  • paddedjohn wrote: »
    If any of the previous 12 weeks was not a full week then it's discounted and week 13 is used then week 14 untill you have a full 12 weeks to make the calculation.

    This is what I said to them, as they are under the impression my weekly hours differ they say that if I am off any days in those weeks then it reduces my average hours thus reducing my pay, as said though I have to work 47 hours a week, as far as I am concerned if one of the 12 weeks I take some unpaid leave, even if it is only 1 day then they should revert to the previous full worked week.

    I work for a large international company and the HR department do not agree with this, I am pretty sure I am correct although having the payroll manager and HR manager gang up on me does make me doubt myself.

    Looks like the only option I have is formal grievance procedure, although once again I doubt they will change their mind so not sure what else to do :(
  • CAB_National_Representative
    CAB_National_Representative Posts: 220 Organisation Representative
    HI, I have posted something similar in another section of the forums as did not notice there was a specific Citizens Advise section.

    My issue is that my company currently calculate my pay as if my weekly hours differ, They use the previous 12 weeks to calculate my average daily hours, Now i know this is common practice but my problem is that my weeks do not differ, I work 8hours Monday, Tuesday and Wednesday, Saturday i do 10 hours and Sunday 12 hours, Totalling 47 hours a week, Everyweek for the past 3 years.

    The only time that i do less than 47 hours a week is if i am either sick which is unpaid or i need to take any other unpaid time (dependant or parental leave), Now if i want to take any annual leave that has these unpaid days in the 12 week calculation it reduces my daily annual leave hours and therefore pay, If it were a few weeks from that 12 weeks i have had to take unpaid then that will greatly reduce it, Surely this is not right, I should not be in detriment for having Annual leave

    i have gone through HR and they have made the decision that i am wrong and they will continue calculating the way they do, They see me as a varying weekly employee when i work at least 47 hours every single week, The only time these hours differ is if i am required to do a little overtime, if there are unpaid days in that week or if i have had annual leave in that week and the average of the previous 12 weeks has been put in for the hours those days.

    I am considering going through the Greivence policy but my HR department is making me doubt my position. Am i correct in fighting this?

    As said to them i actually am not looking for payment from previous low paid Holidays but if in the Future i ever have have a need to take a long unpaid period off i don't want to have to fight it then.

    Hi oneblondebrow - we would urge you to contact your local bureau for advice on this, and to have the Ts&Cs of your contact to hand when you call or visit them. Our advisers also have access to a specialist team for employment and grievance issues, if more in-depth expertise is needed so as to help you.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Faith177
    Faith177 Posts: 2,927
    First Anniversary First Post
    Forumite
    From what I can remember this is what happened with mine, my housemates and my OH's wages at Wetherspoons.

    We always use to the bulk of our holidays following the Christmas period because then you got good holiday pay.

    Hope this helps.
    First Date 08/11/2008, Moved In Together 01/06/2009, Engaged 01/01/10, Wedding Day 27/04/2013, Baby Moshie due 29/06/2019 :T
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards