Holiday pay - bit of a con?

Russe11

AlecEiffel wrote: »

Thanks for the replies everyone. Apparently that just the way it is

you have rolled over and they have won, this is why companies get away with these things intentionally or not.

AP007

OP:
When does the holiday year start and end?
How many days did you have for the full holiday year? 20 plus b/h? Or more?
How many have you taken?
How many did they pay you?

Work it out then tell them they have underpaid you and you want the £

paddedjohn

I had a problem similar to this once, i took 3 days leave and my wage slip that month had 24hrs holiday pay instead of 36, i work 12 hr shifts and it took me a while to convince the wage dept they had calculated it wrong. OP, you must get them to see sense.

AlecEiffel

Thanks for the replies all. I have questioned HR again and they are adamant that it is the norm. I asked another guy who left at the same time and he checked his and it was done the same way.

I can't find any guidance notes from my employer but the OFT's (a diff dept but still CS) site states "The payment will be calculated as a daily rate by dividing annual salary by 365, then multiplying by the number of days to be compensated for. The salary figure will be calculated exclusive of overtime."

Pete111

AlecEiffel wrote: »

Thanks for the replies all. I have questioned HR again and they are adamant that it is the norm. I asked another guy who left at the same time and he checked his and it was done the same way.

I can't find any guidance notes from my employer but the OFT's (a diff dept but still CS) site states "The payment will be calculated as a daily rate by dividing annual salary by 365, then multiplying by the number of days to be compensated for. The salary figure will be calculated exclusive of overtime."

It is not the norm and as Lazy Dasty points out, case law does not support them..

Salary / 260 is the usual way to calculate a days pay for full time staff - be it holiday or otherwise.

AlecEiffel

Hmmmmm, I'll see if the union will still talk to me.

getmore4less

AlecEiffel wrote: »

Thanks for the replies all. I have questioned HR again and they are adamant that it is the norm. I asked another guy who left at the same time and he checked his and it was done the same way.

I can't find any guidance notes from my employer but the OFT's (a diff dept but still CS) site states "The payment will be calculated as a daily rate by dividing annual salary by 365, then multiplying by the number of days to be compensated for. The salary figure will be calculated exclusive of overtime."

Stop looking for company policies.

They cannot overide the legislation that you are entitled to paid holidays in portions of a weeks pay which is defined in the employment act and the WTD.

AlecEiffel

Where is the official legislation that lays it out in law? I have seen cases of X vs Y and the link pointed out above and they have gone both ways. All I can really find is opinion of what should be right. I looked for my dept's official guidance and I couldn't see it (but which itself should have gone by the unions when introduced), so thats why I looked for other Govt CS depts. I will talk to the union and if they won't talk to me I will ask a former colleague to ask their union (but of course that will only be unofficial advice).

Pete111

AlecEiffel wrote: »

Where is the official legislation that lays it out in law? I have seen cases of X vs Y and the link pointed out above and they have gone both ways. All I can really find is opinion of what should be right. I looked for my dept's official guidance and I couldn't see it (but which itself should have gone by the unions when introduced), so thats why I looked for other Govt CS depts. I will talk to the union and if they won't talk to me I will ask a former colleague to ask their union (but of course that will only be unofficial advice).

From what I can see on the Expert HR website (which is usually pretty accurate) - the case LD referred to is the most recent in terms of relevance. As such it's findings can be considered to supercede the prior case where a calculation involving 365 days was adjudged correct.

AlecEiffel

OK well thanks to you all for the views. I will see what comes of it! Cheers.