Rolling Holiday Pay? Need advice!

jojemac

Hi,

I need a bit of advice with regards to my holiday pay through my part-time 2nd job. When I started I was told that my holiday pay was in with my hourly pay, which I didn't really question as I presumed a national company would know what they were doing!

I have recently been told that rolling holiday is illegal, I've been reading on the internet that it is, but then come across several forums and articles that say although it is frowned upon it isn't actually legal!

My contract says:

In addition to the hourly rate of pay as referrred to in 6.1 above (and in view of the flexible and irregular nature of the work carried out you will be paid rolled-up holida pay for each and every hour worked (save for any hours worked on a bank holiday which are voluntary and do not accrue holiday entitlement). The applicable rates for the rolled up holiday pay increment are set out in schedule 1 and are calculated on a basis of 10.2% addition to the basic hourly rate of pay. The 10.2% is calculated by reference to 24 days holiday per annum based on a full-time 5 day working week (24 devided by 236 working days pe annum eguals 10.2. Given that the you are unlikely to work full time for 260 days per annum this calculation of the increment is advantageous to you, and you hereby agree to receive rolled-up holiday pay in accordance with this paragraph 6.2 in full and final settlement of you entitlements in respect of holiday pay pursuant to the working time regulations 1998 (or as amended).

THe first couple of things I noticed is that that amount of days are incorrect - should be 28 days a year. Another thing that confuses me is that I work 7 days a week (unless I am on holiday) so shouldn't the amount of days it is calculated over be alot more? I work as a home care worked so we basically work 365 days a year!

I just wanted to see if anyone knew anything about this, as I am so confused about it!!

geordie_joe

According to DirectGov

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.


You are also right about it being 28 days holiday.


If I were you I would talk the CAB.

telboyo

Holiday pay for casual work will accumulate at about 12% of hours worked .
Work 8.5 hrs and get 1 hrs holiday pay.
Or work 8.5 days and get 1 days pay.

Mudd14

geordie_joe wrote: »

According to DirectGov

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.


You are also right about it being 28 days holiday.


If I were you I would talk the CAB.

Should renogotiate it, not must!

The EU ruled rolled up holiday pay was unlawful however called for it to be transparent which does give some flexibility to those still continuing to operate in this way.

However, you are not recieving transparency ie showing clearly on your payslip the basic pay and the holiday element that make up your hourly rate.

The percentage should also be 12.07%.

geordie_joe

Originally Posted by geordie joe
According to DirectGov

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.


You are also right about it being 28 days holiday.


If I were you I would talk the CAB.

Mudd14 wrote: »

Should renogotiate it, not must!

The EU ruled rolled up holiday pay was unlawful however called for it to be transparent which does give some flexibility to those still continuing to operate in this way.

However, you are not recieving transparency ie showing clearly on your payslip the basic pay and the holiday element that make up your hourly rate.

The percentage should also be 12.07%.

Your employer cannot include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay')

But the main point I said way "If I were you I would talk the CAB."

timefortea

That's interesting, I get this! And I work for a university, so I'd have thought they'd be on top of this. They've got a whole law department, for God's sake!

I'm not going to do anything about it because it's a pretty cushy job anyway. Just interesting.