Paid Holidays Again

planning303

LittleVoice wrote: »

I believe you will find that if the Saturday is counted as over-time then no holiday allowance accrues in relation to those hours.

But also that would mean that no holiday needs to be taken off if they are not worked.

Statutory holiday entitlement is actual a matter of weeks - 5.6 weeks for everyone. It is how you calculate the individual person's week that can use hours. Someone contracted to work 5 days or 5.5 days a week would get the same number of days holiday. There is no additional entitlement for working more than 5 days a week.

Yeah sorry, thinking about it the extra 20% i work have been set up as a temporary change of contract for the busy period and are therefore contracted hours and not strictly over time .. obviously this isn't the same as the op's issue

ignore my post and carry on

LittleVoice

deannatrois wrote: »

Hope I've worked this out right but looking at what has come out of this thread.., 5.6 weeks statutory entitlement, 3 months worked = 25% of statuory entitlement = 1.4 weeks.., 1.4 x 6 (6 day week) = 8.4 days.

7 days required for the holiday from 24th December to 2nd January (start back 3rd). So as you've been saying, he shouldn't be losing three days pay at all. Saturday 24th is a half day anyway, so he shouldn't be counting that.., but maybe his employer has worked a way around that.., we'll see.

I'm going to be watching this employer very carefully.., he doesn't seem much different to the first now lol!

Just quick response - though he works a 6-day week, the regulations only count up to 5, sorry. So you can calculate using 1.4 x 5 = 7 days, which I think is what others have also said would be the amount of holiday accrued to the end of the holiday.

Actually it appears your OH works 5.5 days a week (because of the half day on Saturday).

getmore4less

What are the contractual holidays and what is the holiday year?

Even if no contact/particulars others will know what the holidays are or were they talkd about at interview or in he offer letter.

Ask the employer how they have worked out the holiays.

[Deleted User]

lol, this was my OH not me at interview. No discussion took place as to holidays.., so the statutory minimum applies.

Thank goodness the situation is in the process of being resolved. It looks like (backed up by the information on this thread) my OH will get all the Christmas/New Year holiday paid at the moment.

[Deleted User]

Here I am again.

Although I had thought the previous holiday pay situation was resolved, it hadn't been. My partner never did get the true holiday pay and didn't chase it up too forcefully because as an employer who in spite of promises to give a pay rise after three months, and a contract of employment.., and didn't do either, my partner felt he'd lose his job if he tried to persist in getting his full Xmas holiday pay (he was short 3 days pay that week.., although as far as I could calculate.., he had accumulated enough days to cover the full holiday period). We had a wonderful Xmas.

Now he has been 'laid off' (not sacked, the garage owner said there wasn't enough work to keep him). He worked for the company (an MOT and repair garage) just under a year. His final pay was days worked only. Again no holiday pay at all. All my partner took was bank holidays and two days annual leave.

I can see from http://www.acas.org.uk/CHttpHandler.ashx?id=955&p=0 that if there was no contract of employment his holiday pay should have been calculated from October or whenever the employers leave year started. Although my partner asked, he was not able to clarify how his employer calculated leave (in reality as u can tell from my initial post the policy seems to have been to pay as little as possible, whatever the legal obligations of an employer).

How best to proceed?

We should be talking two weeks money at least, even with bank holidays taken out.., so its a significant amount and very badly needed given the employment situation today.

getmore4less

Do you mean laid off or redundant they are different.

[Deleted User]

All my partner was told was that he was being laid off. As he had worked there for less than a year.., I believe a period of notice is not required (and wasn't given).

getmore4less

You need to establish exactly what has happened before anyone can comment much further

laid off/short working has some rules

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10026693

If the contract has been termianted then there needs to be at least a weeks notice contract may give more cannot give less.

[Deleted User]

There was no contract of employment although my OH was told he would get one after three months.., and asked about it, it was never given.

His ex-employer told him Wednesday evening 'I will have to let you go'. My other half said he was laid off but I now understand this is his expression not the employers. He was paid til that Friday (normally would work Saturday half day as well as a normal part of his working week - around 48 hour working week). No other notice was given or paid. No holiday money was paid. As you may gather, he was short on his legal entitlement to holiday pay over the Xmas period too.

[Deleted User]

ACAS has told my other half he needs to write a letter to his employer about his missing holiday pay.

As it stands, his employer paid him nothing for the Christmas week he had off (inspite of him having over 8 days holiday accrued), he has taken two days paid holiday til he was told he couldn't be kept on (til 31st August) but no holiday pay for holiday days accrued was included.., again.

How does he word this letter? What does he ask for .., a working out of days holiday accrued.., against paid holidays taken?

Many thanks