What will I be paid???

LittleVoice

What did you receive?

Because you have been working for over one year, if you didn't take your statutory holiday entitlement during the year, you would not have been entitled to have it carried forward.

Having now left you would be entitled to any accrued holiday in this holiday year, less any holiday taken during it.

Your actual entitlement will depend on: whether you are entitled to just the statutory holiday or if your employer paid more than this; exactly when you started and when your employer's holiday year starts (either when each individual starts or at a particular time in the year); and when you took your holiday.

To check your entitlement you would need to provide the above data.

sexki11en

liney wrote: »

Holiday pay is not longer allowed to be rolled up. It is indeed illegal.

Not strictly true i'm afraid. The law has changed but this is not being enforced until early next year to allow for gradual changes. This is according to the REC who are the legal governing body for Recruitment Agencies.

sexki11en

Jarvisma wrote: »

In short, yes what they are doing is rolled up hioliday pay which has been ruled unlawful by the Eurpean Court of Justice (ECJ) but employers have been given time to phase the practise out which means at present it is not illegal.

I should have read on:o . Put much better than I did Jarvisma!

PasturesNew

liney wrote: »

Holiday pay is not longer allowed to be rolled up. It is indeed illegal.

Correct

liney wrote: »

20 days annual holiday is actually 4 weeks paid leave, so it is possible to accrue less then 20 days per year if you work alot of incomplete weeks. Ie, you may not be entitled to 5 days at the end of the 12 week, but an average weeks pay taking into account any absence.

Remember you are not automatically entitled to be paid for bank holidays either, so will need to book them from your 4 week entitlement unless your contract says otherwise.

It is now 4.8 weeks. So, full-time equivalent (mon-fri) of being 4 weeks PLUS a new 4 days since 1 October 2007 (and another 4 days from 1 Oct 2008, bringing minimum holidays up to 4 weeks PLUS 8 days or 5.6 weeks)

PasturesNew

BrunoM wrote: »

I call it underhanded because the OP presumably took the job on the basis of the pay offer, and no-one told him that the pay included holiday until AFTER he'd already worked a couple of days.

I'd agree with that.

PasturesNew

Brook Street seem to be good.
Their rate is their rate. Holiday pay you get paid on top of the rate they tell you (as it should be) - AND - on each weekly timesheet they print out how many hours' holiday pay you have accrued.

So they are calculating it weekly, which I think makes more sense and makes it easier to understand.

LittleVoice

PasturesNew wrote: »

Brook Street seem to be good.
Their rate is their rate. Holiday pay you get paid on top of the rate they tell you (as it should be) - AND - on each weekly timesheet they print out how many hours' holiday pay you have accrued.

So they are calculating it weekly, which I think makes more sense and makes it easier to understand.

And not only do they tell you how many hours but also the date by which it has to be taken (that is the end of your holiday year, which runs from the date of the beginning of your first assignment with them).

Statutory holiday pay cannot be carried forward to the next holiday year so this information helps you not to lose your money.

The only thing to watch is that the hourly rate they use will be an average of your pay for the hours worked in the previous (I think twelve) weeks. If your pay fluctuates greatly, it could make a difference to how much you are paid for any period of holiday. It can then be worth taking holiday sooner or later depending on the direction that your pay is going.

CaptainBligh

Hi all,
I am one of probably thousands of people who invigilate exams at colleges and schools throughout the country. I am retired and enjoy the work which gets me out of the house. The pay is just under £8.00 an hour and amounts to about £1500 per annum. I have no contract and my wages are paid by the local authority. I have been doing the job for more than 5 years. I seem to be classed as a worker but not an employee. We have recently received correspondence from the college where we carry out our work. We have been advised that it is intended to now show our holiday pay on our payslips which we have only now been told amounts to 11.5% of our hourly rate. This is new to me and my colleagues as nobody has ever advised us that a portion of hour hourly rate of pay included a figure of 11.5%. In fact being entitled to holiday pay certainly never occured to me.

The college have indicated that they intend to split the hourly rate and will pay us 11.5% of it every 3 months, as they are now required to show the holiday pay component as a separate figure. each of us has been asked to sign a document approving this course of action.

I am sceptical about making such a move as I have read some of the directive from the ECJ and as it would appear that none of us ever had it made "comprehensive" and "transparent" that 11.5% was a holiday pay component of our hourly rate then our employer is not entitled to make such a move and should in fact continue to pay us the hourly rate and an additional 11.5% every 3 months as holiday pay. Am I correct? Also it would appear that workers have a right to claim backpay as none of us were made aware of the 11.5% component. In fact I am beginning to wonder if there is any evidence at all that 11.5% was a previously designated figure as being a holiday pay portion of hour hourly rate, and wonder if this figure has been plucked out of thin air to save the employer money.

I have had it suggested to me that I make a grievance claim. Any advice from you knowledgeable folk would be much appreciated. I don't want to start a long drawn out case and make myself unpopular if I am completely in the wrong. I will sign the agreement if someone can convince me that my interpretation of the directive was wrong and that my employers are merely making sure that they do things to the letter.

I look forward to your views.

LittleVoice

For the future - it seems to me that you are a member of their casual staff and therefore they can offer you work at whatever rate they want and you decide whether to accept it on those terms. Therefore if they want to change to the new system, then you either accept (and get delayed payment of part of your remuneration as holiday pay) or you don't and don't get the work. Perhaps you will get a small percentage increase in any event as rates of pay seem to increase fractionally each year.

Regarding the past - I think it might be worth trying to claim back-pay for holiday but I would not do this unless you are absolutely sure that no reference to holiday pay is included in any document you have or could have referred to. If I were you and had been content with the pay at the time and wanted to continue to be offered this work, I think I would let it rest rather than expend energy in fighting for about half a year's pay (looking back at the full five years) but perhaps getting no further income from it.