Calculating my holiday allowance

maryhillgirl

Perhaps someone on this forum could answer a similar query which I have about holiday pay.
I work as a support tutor for my local council. Full tutors are paid at £18 per hour, including a 0.6 hour element to cover preparation time and holiday pay (rolled-up). I am paid £10 an hour, with no mention in my contract of holiday pay being included. When I challenged my Head of Department about holiday pay entitement, she bumbled a bit about asking HR, then told me that holiday pay was also included in the £10 rate, they just hadn't thought to mention it in the contracts. On our payslips, neither the full tutor rate nor the support rate is broken down into separate elements to show how the final figure is calculated.
What I'd like to know is - can the council just say they include holiday pay when there has been no mention of it before on my contract, should they make it clear on our payslips, and might I have a case for reclaiming holiday pay which I believe has never in fact been paid?
Sorry if this seems a bit complex, but I think this council might be trying to get away with not fulfilling its obligations under current employment legislation, as I understand it.

surreysaver

maryhillgirl wrote: »

Perhaps someone on this forum could answer a similar query which I have about holiday pay.
I work as a support tutor for my local council. Full tutors are paid at £18 per hour, including a 0.6 hour element to cover preparation time and holiday pay (rolled-up).

I might be wrong, but I believe it is unlawful to include holiday rolled up in the hourly rate. They actually have to pay you when you take annual leave.

maryhillgirl

I think, traditionally, supply teachers and part-time tutors are paid the "rolled-up" rate, which is fine as long as it's made clear in the contract. My problem is that the support tutor rate is being paid with no reference to holiday pay either in the contract or on the payslip. Could we have a case for claiming the extra 12.07%? When the holiday entitlement altered from 4.8 to 5.6 weeks per year, we saw no increase in the hourly rate, suggesting that holiday pay was never included in the first place. We certainly weren't informed of this change in writing, as I believe should have happened.