holiday pay

patch53

Can someone tell me if I need financial help. From Jan 2008 to Jan 2009 I worked on average 35 hrs a week. Every holiday day I took he paid me 8hrs. At the end of the year I worked a full week, but he didn't pay me, because he says he paid me too much holiday pay, so I had no pay. Surely he should have been working out my average hrs over a 12 week period, and then he should have paid me every holiday day at say 6hrs for 24 days. Instead of 8hrs for 17 days. Surely you can't leave this untill the end of the year, and then take someones pay off them. I have now been left overdrawn in the bank,and have a car etc. on finance,and am at my wits end. He has done this to a couple of us under his employement.

zip1980

if you have taken holidays that you hadnt earned then he can take this from your wages when you leave, not sure about about over-payment though he should have been working it out if you didnt work regular hours. think it would be best to get a copy of your employment contract and speak to someone from citizens advice.

LittleVoice

If you worked 5 days a weeek for 35 hours a day for a normal week, then your hours for a day would be 7.

The minimum holiday entitlement is 24 days for someone working 5 days/week. So you were entitled to 168 hours (24 x 7). That would have included bank holidays. (That assumes that you worked precisely 12 months in the January to January time period you mention.)

If you were paid only for 17 days of 8 hours, that is only 136 hours. So you were underpaid as even at 7 hrs/day that is still less than 19.5 days.

You need to see whether your employment written terms allowed your employer to make deductions from your pay otherwise it would, I believe, be an illegal deduction from wages unless you had been consulted in advance in order to agree the deduction.