What will I be paid???

BrunoM

Yes - fair enough - it is surely the agency being bad here not the employer.

Jarvisma

zzzLazyDaisy wrote: »

Companies have had plenty of time to come into line with the law, and all should at least be in the process of changing their systems. In my view if they are still paying rolled up holiday pay, the advertised hourly rate should clearly state '£8.25 per hour including holiday pay'.

You do say that this is simply your opinion but as I'm sure you will agree there has been no actual time limit set by which time employers must comply with the new legislation, so it would be whatever timescale is considered reasonable in the eyes of any authority.

As the ECJ ruling was only made in March 2006, some emlpoyers could argue that it takes time to resctructure their pay scales accordingly and they are justified in having not yet phased out RHP.

(I would point out that this actually isn't my opinion, but it is an agrgument that some employers would use to get away with RHP for longer!)

Jarvisma

BrunoM wrote: »

Yes - fair enough - it is surely the agency being bad here not the employer.

Yes, and I have to say that doesn't surprise me. Agencies are notoriously good at 'manipulating' the facts in order the secure a post filled and a nice lump of comission!

LittleVoice

Jarvisma wrote: »

T

* The additional element for holiday pay was included separately to the basic rate of pay on the payslip and was, therefore, transparent. (It has been the OP was told it would be 12/13 pay and 1/13 hol pay)

Sorry I don't this covers the original situation of saying a proportion of one amount was holiday pay. That is not quoting the amount separately as required.

Since the ruling we have had one complete tax year - and a new tax year could be a sensible place to implement a change. It is also more than a calendar year since the ruling - so at least one holiday year will have been completed, another timespan to reflect on.

Jarvisma

LittleVoice wrote: »

Sorry I don't this covers the original situation of saying a proportion of one amount was holiday pay. That is not quoting the amount separately as required.

Since the ruling we have had one complete tax year - and a new tax year could be a sensible place to implement a change. It is also more than a calendar year since the ruling - so at least one holiday year will have been completed, another timespan to reflect on.

The quote was based around the fact that the OP said she had recieved a breakdown of the £8.25 being made up of 12/13s pay and 1/13 holiday. She doesn't say in what form she recieved this 'breakdown' whether on a payslip or by written or verbal communication but the fact is she was told about the split so it's implementation is 'transparent'. I'm not making any comment whether or not this is satidfactory but the employers have been transparent in what they are paying her for, thus have complied with the original legislation before the ECJ ruling, which still stands until it is outlawed completely.

The point about timescales is, I agree completely sensible, but the point is until an actual date is given after which the use of RHP is deemed illegal, as long as they can justify their reasoning companies will continue to pay RHP. That's just the nature of the beast! One persons opinion isn't necessarily right or wrong.

liney

http://www.paymagazine.com/paymag/standard/displaySpecifiedArticlePage.do;jsessionid=3B0FAD3F1D59E329D819555CB4A0ACDB?articleType=NEWS&articleId=193

Hope that works.

Jarvisma

Small world! The May issue of Pay magazine has also just landed on my desk (the magazine that the above link is an artical from) and it does indeed say that the government has now decided that employers have had enough time to restructure their pay scales as we have been discussing!

Therefore to cut a long story short - to the OP - If you feel strongly enough you are well within your rights to object to the way you are being paid on the grounds that RHP has now been deemed illegal (although frustratingly it still doen't give a date when that is effective from!) although this may simply result in your hourly rate being subsequently lowered and if, as you have indicated you are not going to be at this job for long, you would need to decide what is best for you.

LittleVoice

Jarvisma wrote: »

The quote was based around the fact that the OP said she had recieved a breakdown of the £8.25 being made up of 12/13s pay and 1/13 holiday. She doesn't say in what form she recieved this 'breakdown' whether on a payslip or by written or verbal communication but the fact is she was told about the split so it's implementation is 'transparent'.

The OP wrote:
Today I received the breakdown.
"
HOURLY RATE £8.25 37.5

The total pay quoted above is composed of 12/13 normal pay and 1/13 holiday pay.
"

I would not say that "The additional element for holiday pay was included separately to the basic rate of pay . . . and was, therefore, transparent".

It does not say what the holiday element is specifically (and one-thirteenth of £8.25 would include a fraction of a penny - down to at least 30 decimal places - if that makes any difference).

Jarvisma

LittleVoice wrote: »

The OP wrote:
Today I received the breakdown.
"
HOURLY RATE £8.25 37.5

The total pay quoted above is composed of 12/13 normal pay and 1/13 holiday pay.
"

I would not say that "The additional element for holiday pay was included separately to the basic rate of pay . . . and was, therefore, transparent".

It does not say what the holiday element is specifically (and one-thirteenth of £8.25 would include a fraction of a penny - down to at least 30 decimal places - if that makes any difference).

Fair enough. But that's just your opinion, not fact, and not necessarily the opinion of an ET or relevant judge.

Personally, I would as instead of giving a monetary amount, they are giving the fraction of the split, allowing it to be applied to any other hourly rate if necessary and it be plain to see whether they were being consistent.

However, transparency isn't really the issue any more due to the quoted article confirming that this is no longer permissable as a justificatiuon of still using RHP. So the question is now whether the OP wants to go ahead and challenge the rate........

amberz

Worked 16 hrs per week for just over one year, have worked my weeks lying time and finished last week. Tried to get my pay yesterday and nothing ready for me yet they say? Just wondering what they are up to, usually always there on thursday's. I want to be armed with just what I should expect to have when I go in later today. I have used two of my holidays you are entitled too. I hope this is enough info.
Thanks in advance.
Sara