Holiday pay for casual worker

thelawnet

My wife worked over the summer as a chef at a college. She has accepted an offer of employment on a term-time only basis starting Monday 3rd September, but prior to this they asked her to work over the summer on a separate casual contract to cover various events with a contract start date of Monday 9th July and with no state end date.

According to the contract "you are entitled to 28 days paid holiday pro-rata, which can include bank holidays. This may be taken where applicable."

She worked most weekdays in July and August for a varying number of hours per day according to the requirements, between 4 and 8, either early morning, mid morning, or afternoon. She also worked one Saturday.

She last worked 21st August, having had the 20th off, and was then given the dates 22nd-31st August off, so 8 days off according to her usual working pattern. She had a day off previously to attend a funeral, but otherwise worked every weekday.

The total number of hours worked according to her payslip was 185.25.

Is this correct for a calculation:

1. 9th July to 31st August is 8 weeks, although she didn't actually work any of that last week and last on the 21st so I suppose they could argue for a 6.4 weeks calculation period based on the date she last worked.

Anyway, going on 8 weeks worked, then from the 5.6 weeks statutory entitlement in 52, that's 8/52 * 5.6 = 0.862 weeks, or 4.308 days (which is a rather less than the actual days she took off - 10)

2. Looking at the actual days worked, she sometimes was asked to work 4 hours, sometimes 6, and sometimes 8, but with 185.25 hours worked in 30 actual working days, a working day is therefore 6.175 hours.

3. 6.175 hours (average length of her working day) * 4.308 days (paid entitlement) * £8.63 (her hourly rate) = £229.56 holiday pay on top of the pay for the hours she actually worked

Or I guess you could calculate it like this:

holiday entitlement is 5.6 weeks per year of 52 weeks, so you work for 46.4 weeks and are paid on holiday for 5.6 weeks, so just multiply the amount earned (£192.95) by 5.6/46.4, which gives a slightly lower number - £192.95


Any pointers on the correct way to do this?

anamenottaken

thelawnet wrote: »

My wife worked over the summer as a chef at a college. She has accepted an offer of employment on a term-time only basis starting Monday 3rd September, but prior to this they asked her to work over the summer on a separate casual contract to cover various events with a contract start date of Monday 9th July and with no state end date.

According to the contract "you are entitled to 28 days paid holiday pro-rata, which can include bank holidays. This may be taken where applicable."

She worked most weekdays in July and August for a varying number of hours per day according to the requirements, between 4 and 8, either early morning, mid morning, or afternoon. She also worked one Saturday.

She last worked 21st August, having had the 20th off, and was then given the dates 22nd-31st August off, so 8 days off according to her usual working pattern. She had a day off previously to attend a funeral, but otherwise worked every weekday.

The total number of hours worked according to her payslip was 185.25.

Is this correct for a calculation:

1. 9th July to 31st August is 8 weeks, although she didn't actually work any of that last week and last on the 21st so I suppose they could argue for a 6.4 weeks calculation period based on the date she last worked.

Anyway, going on 8 weeks worked, then from the 5.6 weeks statutory entitlement in 52, that's 8/52 * 5.6 = 0.862 weeks, or 4.308 days (which is a rather less than the actual days she took off - 10)

2. Looking at the actual days worked, she sometimes was asked to work 4 hours, sometimes 6, and sometimes 8, but with 185.25 hours worked in 30 actual working days, a working day is therefore 6.175 hours.

3. 6.175 hours (average length of her working day) * 4.308 days (paid entitlement) * £8.63 (her hourly rate) = £229.56 holiday pay on top of the pay for the hours she actually worked

Or I guess you could calculate it like this:

holiday entitlement is 5.6 weeks per year of 52 weeks, so you work for 46.4 weeks and are paid on holiday for 5.6 weeks, so just multiply the amount earned (£192.95) by 5.6/46.4, which gives a slightly lower number - £192.95


Any pointers on the correct way to do this?

28 days is the statutory minimum of 5.6 weeks for a person working 5 or more days a week.

For varying hours and days, the calculation needs to be on a percentage basis - 12.07% equals the 28 days for full-time.

12.07% of 185.25 hours = 22.359675 hours. Employers cannot round down (even though the normal convention on rounding in this case would be to round down to 22 hours).

So she should receive paid leave. £8.63 * 22.359675 = £192.97 (so just 2p more than one of your methods).

thelawnet

Thanks, found some guidance here

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074414843&type=RESOURCES

The 12.07% is just a rounding to the nearest decimal place of 5.6/46.4, so it is the same method.

I guess they might round the 22.359675 hours to 22.5 hours, so a couple of pounds more.

getmore4less

thelawnet wrote: »

My wife worked over the summer as a chef at a college. She has accepted an offer of employment on a term-time only basis starting Monday 3rd September, but prior to this they asked her to work over the summer on a separate casual contract to cover various events with a contract start date of Monday 9th July and with no state end date.

According to the contract "you are entitled to 28 days paid holiday pro-rata, which can include bank holidays. This may be taken where applicable."

She worked most weekdays in July and August for a varying number of hours per day according to the requirements, between 4 and 8, either early morning, mid morning, or afternoon. She also worked one Saturday.

She last worked 21st August, having had the 20th off, and was then given the dates 22nd-31st August off, so 8 days off according to her usual working pattern. She had a day off previously to attend a funeral, but otherwise worked every weekday.

The total number of hours worked according to her payslip was 185.25.

Is this correct for a calculation:

1. 9th July to 31st August is 8 weeks, although she didn't actually work any of that last week and last on the 21st so I suppose they could argue for a 6.4 weeks calculation period based on the date she last worked.

Anyway, going on 8 weeks worked, then from the 5.6 weeks statutory entitlement in 52, that's 8/52 * 5.6 = 0.862 weeks, or 4.308 days (which is a rather less than the actual days she took off - 10)

2. Looking at the actual days worked, she sometimes was asked to work 4 hours, sometimes 6, and sometimes 8, but with 185.25 hours worked in 30 actual working days, a working day is therefore 6.175 hours.

3. 6.175 hours (average length of her working day) * 4.308 days (paid entitlement) * £8.63 (her hourly rate) = £229.56 holiday pay on top of the pay for the hours she actually worked

Or I guess you could calculate it like this:

holiday entitlement is 5.6 weeks per year of 52 weeks, so you work for 46.4 weeks and are paid on holiday for 5.6 weeks, so just multiply the amount earned (£192.95) by 5.6/46.4, which gives a slightly lower number - £192.95


Any pointers on the correct way to do this?

if she has worked every week and they have included the holiday pay as contract upto the 31st(rather than terminate the casual contract and pay the outstanding holiday) then she should have continuity of employment back to the start date for service in case of any future notice or redundancy.