Temporary contract & holiday accrual

Naf

I've just finished a temporary contract of 11 weeks (so it neither started nor finished with the holiday year). I had anticipated holiday pay to accrue at the standard 12.07% of hours worked (368.5 hours giving 44.5 hours holiday), so I was a bit disappointed when I only got paid for 35 hours.
I'm just back from having a chat with my boss (also the owner & runs payroll himself) who has come up with two very interesting methods to calculate holiday which I have never come across.
His initial methodology was to work out my entitlement against an annual 20 days (i.e. not including BHs), then just add a single day onto that because only one BH fell during the term of my contract (which I did work, incidentally).
He then came up with a different method 'even if that one was wrong' where the holiday is prorated at 1/52 of the annual entitlement for each week worked.This is what is written in my contract:

If your employment commences or finishes part way through the holiday year, your holiday entitlement will be prorated at 1/52th of your annual entitlement for each complete week worked accordingly.

I'm pretty sure that neither of these is a viable method, but how do I prove this to him. He seems convinced that the fact that I had a fixed term contract means that the 1/52 is right (I'm sure it should be 1/46.4).

I wouldn't bother if it hardly made a difference, but its 9 hours which makes almost £70!

What can I point him to to set him straight? Needs to be unambiguous as he likes to 'interpret' the law his own way.

EDIT: Sorry, forgot to mention that my hours weren't regular. They varied from 22 to 39. Averaged at just over 33pw.

AP007

Try this https://www.gov.uk/calculate-your-holiday-entitlement

I make it

The statutory holiday entitlement is 44 hours and 28 minutes for the time that’s been worked.

Round up to 44.5 hours!!

you are right I think

Show them this link

stix62

Yep, I agree with AP007, you're right.

Holiday entitlement is a statutory right. I don't think it really matter what it says in the contract, unless the contract states you are entitled to more than the stat. minimum. Your boss cannot deny you what is legally yours. This is not negotiable.

Naf

AP007 wrote: »

Try this https://www.gov.uk/calculate-your-holiday-entitlement

I make it

The statutory holiday entitlement is 44 hours and 28 minutes for the time that’s been worked.

Round up to 44.5 hours!!

you are right I think

Show them this link

I printed that off. He still thinks his 1/52th trumps that because that assumes a full year and I wasn't there for the whole year.

stix62 wrote: »

Yep, I agree with AP007, you're right.

Holiday entitlement is a statutory right. I don't think it really matter what it says in the contract, unless the contract states you are entitled to more than the stat. minimum. Your boss cannot deny you what is legally yours. This is not negotiable.

The problem is his 'interpretation' of the law.

AP007

Naf wrote: »

I printed that off. He still thinks his 1/52th trumps that because that assumes a full year and I wasn't there for the whole year.



The problem is his 'interpretation' of the law.

Holiday is PRO RATA. For a 5 day a week 7 hours a day job (regular hours) you still get 28 days pro rata.

Meaning 11 weeks holiday still means you get 6 days.

You don't just get 1 day BH cause there was only the 1 BH in that 11 weeks period.

stix62

Naf wrote: »

......
The problem is his 'interpretation' of the law.

If you're prepared to stand up for what is legally yours, that's not a problem.


btw... The full year/whole year thing doesn't apply. The 'norm' is for casual workers to accrue their holiday entitlement as they work and then get paid for it when they finish.
I'm coming to the end of some casual work soon and have been doing about the same hours as you for the past 4 months..ish. If what other employees have been telling me is true, my boss has no idea about holiday entitlement and is in for a bit of a shock when I tell him he owes me over 60 hours worth.

AP007

stix62 wrote: »

If you're prepared to stand up for what is legally yours, that's not a problem.

As the OP don't work there anymore there is not a lot to lose.

Naf Id send them the link and say the words pro rata to them

Request the hours to be paid and then see what happens

Send them the link too and then ask them to show you how they worked it

stix62

AP007 wrote: »

As the OP don't work there anymore there is not a lot to lose.
..........

Yeah, I meant more along the lines of going to tribunal or small claims court.

edit: Naf, if the link that AP007 doesn't convince him you're right, well, you're playing chess with a pigeon aren't you

AP007

OP said its about £70 so small claims may not be cost effective?

Anyway I'd give them the chance to pay you Naf and then come back here and let us know.

stix62

AP007 wrote: »

OP said its about £70 so small claims may not be cost effective?

Anyway I'd give them the chance to pay you Naf and then come back here and let us know.

Oh I know, same with a tribunal. Something to look into though if OP's boss doesn't see what's there in black and white - so to speak.

Naf

AP007 wrote: »

As the OP don't work there anymore there is not a lot to lose.

Naf Id send them the link and say the words pro rata to them

Request the hours to be paid and then see what happens

Send them the link too and then ask them to show you how they worked it

I've seen how he's worked it out; as I posted, he worked out how much holiday I accrues against a 20day annual entitlement, then added one day of the 8 BHs. I know this is wrong, as does everybody who has posted it. What I need is something which explicitly states how holidays are worked out in such a circumstance. Without that he will not alter his position so I would have to try small claims court or a tribunal.

AP007 wrote: »

Anyway I'd give them the chance to pay you Naf and then come back here and let us know.

I already went to speak with him today, he won't budge unless I can prove his calculation is wrong.