Calculating my holiday allowance

callum9999

The standard practise at my place of work is to give you your holiday allowance based on your contracted hours.

I was put on an 8 hour contract but normally work 30 - 40 hours a week and was told by a colleague who used to be active in a trade union that it is meant to be worked out on what you actually work, not your contract.

I couldn't find much information on it online, but I did find this on the government website: http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642

It basically says that if you work irregular hours (which I do) its easiest to work out your holiday allowance by multiplying your number of hours worked by 12.07% (how they get to that figure is in the link). Is there anyone who can confirm that this is legally binding (the site suggests it is but doesn't really confirm it).

Thanks.

LittleVoice

What do your written particulars of employment state about accrual of holiday entitlement?

moneysavingexpert79

Any holiday pay that you accrue outwith your standard contracted hours will be calculated pro rata on the statutory minimum of 24 days per year.

Any information that you get off the directgov website will be legislation.

stressedoutmumof1

The statutory minimum has now increased to 28 days

LittleVoice

moneysavingexpert79 wrote: »

Any holiday pay that you accrue outwith your standard contracted hours will be calculated pro rata on the statutory minimum of 24 days per year.

Any information that you get off the directgov website will be legislation.

The information from a government website is not legislation (unless it is the instrument itself), it is an interpretation.

Given that so many employers use contracted hours, not worked hours, as the basis for calculation of holiday pay, can you please show in the legislation itself the justification for your statement in your first paragraph (other than the part about 24 days, which should read 5.6 weeks). It would be really good if you could do this for us, please.

callum9999

Thanks for the replies.

I don't actually have a contract at the moment (I only got one after about 3 months last time I worked here, purely because they changed them so everyone got one, so I'm not expecting one any time soon...).

bevanuk

Its government legislation, if you work on an accrued holiday basis it is 12.07%, this went up from (i think) 10.17% back in April.

LittleVoice

bevanuk wrote: »

Its government legislation, if you work on an accrued holiday basis it is 12.07%, this went up from (i think) 10.17% back in April.

OK - what legislation? What statutory instrument or other piece of legislation are you referring to that insists that it is actual hours worked and not contracted hours that are used to calculate holiday entitlement?

LittleVoice

callum9999 wrote: »

Thanks for the replies.

I don't actually have a contract at the moment (I only got one after about 3 months last time I worked here, purely because they changed them so everyone got one, so I'm not expecting one any time soon...).

From Day One you had a contract - that's the agreement between you and your employer. What you don't have yet, perhaps, are the written particulars which must include details of holiday entitlement.

bevanuk

LittleVoice wrote: »

OK - what legislation? What statutory instrument or other piece of legislation are you referring to that insists that it is actual hours worked and not contracted hours that are used to calculate holiday entitlement?

I wish I could tell you - Will have a look through my paperwork at some point today. Within my workplace it only refers to temporary workers, anyone permanent or on a fixed term contract will always have them written in.

Pete111

LittleVoice wrote: »

The information from a government website is not legislation (unless it is the instrument itself), it is an interpretation.

Given that so many employers use contracted hours, not worked hours, as the basis for calculation of holiday pay, can you please show in the legislation itself the justification for your statement in your first paragraph (other than the part about 24 days, which should read 5.6 weeks). It would be really good if you could do this for us, please.

I too would be extremely interested to see this!!