part time holiday pay

devilchef

Hi all MSE's, im stuck in a very sticky middle...one of our employees works full time..now but last year she worked part time. She works in a pub doing split shifts, as a part timer she worked half a day here half a day there etc and averaged around 21 hours per week. She insists she is entitled to 5.6 weeks payed holiday..the same as a full time employee but i am unsure as to whether this is the case. She has no set hours, hours are worked irregularly etc, She has been payed as a full time employee not a part time one and has i think, been overpaid. Any help would be very welcomed. And am i able to get the money back from her

Emmzi

5.6 weeks of her normal hours, yes. so 5.6 x 21 = 117.6 hours holiday pay due.

As for overpayment "I think" will not cut it, you need to get an audit trail together. You can recover overpayments but need to work out how bad the position is first before you decide if it is worth the effort and ill will.

Hammyman

Yes she is entitled to 5.6 weeks holiday pay however it is PRO-RATA. For example if she worked 20hrs a week, she is entitled to 5.6 x 20hrs.

The usual way (and accepted by HM Govt) for people who are on irregular hours is to work out the holiday pay based on the average earnings of the previous 13 weeks, substituting any week where no work was done for one where there was.

TBH I find it pretty disgusting that as an employer you're completely ignorant of the law in regards to holidays. Anything else you're lax on such as the working time directive in regards to daily and weekly rest?

t0rt0ise

devilchef wrote: »

She has been payed as a full time employee not a part time one and has i think, been overpaid. Any help would be very welcomed. And am i able to get the money back from her

What do you mean when you say she's been paid as a full time employee? She should get the same hourly wage as the full time workers surely? What differences are you supposing there should be?

liney

I think you should read this: http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_173304... now.

doodoot

devilchef wrote: »

Hi all MSE's, im stuck in a very sticky middle...one of our employees works full time..now but last year she worked part time. She works in a pub doing split shifts, as a part timer she worked half a day here half a day there etc and averaged around 21 hours per week. She insists she is entitled to 5.6 weeks payed holiday..the same as a full time employee but i am unsure as to whether this is the case. She has no set hours, hours are worked irregularly etc, She has been payed as a full time employee not a part time one and has i think, been overpaid. Any help would be very welcomed. And am i able to get the money back from her

It must be a pub thing...our ex-boss was (and still is) as inept as you appear to be.

How can you not know how much you should pay an employee???

getmore4less

The easiest way to do partime holidays prorata is to do it on hours.

If the full time holidays for a 5(or more)day working week is just statutory(including BH) which is 5.6 weeks or 28 days then for the part timer you use 12.07% of the hours worked to acrrue holiday hours.

Then you need to make sure you pay these house so the employee takes at least 5.6 weeks worth.

if you give more than the 5.6 weeks to full timers you need to work out the % using the following calculation using weeks

holidays/(52-holidays)

t0rt0ise

getmore4less wrote: »

If the full time holidays for a 5(or more)day working week is just statutory(including BH) which is 5.6 weeks or 28 days then for the part timer you use 12.07% of the hours worked to acrrue holiday hours.

Do you know, quite honestly, that's as clear as mud!

McKneff

Do you mean she has been paid full time hours (ie 40 hours or so) for just doing a part time job( ie 20 hours.) so overpaid

or do you mean she has been paid the same hourly rate as full timers and you pay part time employees less of an hourly rate.

You need to clarify please.

ohreally

t0rt0ise wrote: »

Do you know, quite honestly, that's as clear as mud!

Perhaps this will clarify things (for both you and the op)...http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074414843&type=RESOURCES