Holiday pay? My contract says for every month worked?

evosy1978

Hello,

Ive finished employment at a company 3 parts through the year. They have paid me holiday outstanding, for every FULL month Ive been there. It says this in the contract of employment.

I finished 3 weeks into the month so Ive lost out on a couple of days pay. Do I have any grounds for getting those 2 days?

Thanks

getmore4less

They have to prorata for the actual time worked

You need to know the holiday year and full holiday allowance including BH.

if you have not taken any holidays you prorata against 46.4 weeks not 52

evosy1978

Hello,

Its from 18/10/11 untill 7/6/12. so thats 33 weeks.

Whats pro rata?

I thought it was 28days/52 weeks = 0.54 days per week accrued per week working there?

paddedjohn

You are entitled to be paid holidays for every single hour you work so what they are doing is illegal. How may weeks have you worked? For how many hours? Multiply the amount of weeks worked by 12.07% to get you total entitlement

Owain_Moneysaver

They are entitled to deduct from your contractual holiday allowance provided that you still get the minimum statutory holiday time.

anamenottaken

evosy1978 wrote: »

Hello,

Ive finished employment at a company 3 parts through the year. They have paid me holiday outstanding, for every FULL month Ive been there. It says this in the contract of employment.

I finished 3 weeks into the month so Ive lost out on a couple of days pay. Do I have any grounds for getting those 2 days?

Thanks

A written statement provided by your employer cannot override your statutory rights.

Any

evosy1978 wrote: »

Hello,

Its from 18/10/11 untill 7/6/12. so thats 33 weeks.

Whats pro rata?

I thought it was 28days/52 weeks = 0.54 days per week accrued per week working there?

It's 28 days, which can include bank holidays..
Depends on wording in the contract...what exactly does it say about holidays? And did you have any bank holiday off?

evosy1978

Thanks for the replies.

My contract year runs from 18/10/11 - till 7/6/2012 - 33 weeks.

I was on maternity leave for the whole of this and only recieved maternity and no holiday pay or bank holiday pay.

I was part time 16 hours per week over 5 days. So thats 3.2 hours per shift.

So by my calculation.

28/52 * 33 = 0.54 days per week..

33 * 0.54 = 17.8 days owed.

17.8 * 3.2 = 56.96 hours owed.

Can anyone confirm this before I phone them.

Thanks

evosy1978

paddedjohn wrote: »

You are entitled to be paid holidays for every single hour you work so what they are doing is illegal. How may weeks have you worked? For how many hours? Multiply the amount of weeks worked by 12.07% to get you total entitlement

33 * 12.07 = 398.31. ? Can you explain please. Thanks

paddedjohn

evosy1978 wrote: »

33 * 12.07 = 398.31. ? Can you explain please. Thanks

You forgot the %. You need to multiply 33x 12.07%=3.98 weeks hols.

evosy1978

Thanks.

If 12.07% is used in my calculation,

3.98 * 16 hours = 63.68 hours owed

whereas I got it to 56.96 hours owed.

So where does the figure of 12.07% come from?

Thanks