Temporary contract & holiday accrual

getmore4less

12.07% of hours derives from the fact that holidays are paid within the period of work(easy to understand for a full year, you work 46.4 holiday 5.6)

For a part year you have to do the same easiest to prorata against against the 46.4.

if he wants to do it on 52 they have to pay holiday on the holiday ...

AP007

Naf wrote: »

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.




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

That link tells you for irregular hours

Prove by showing the link https://www.gov.uk/calculate-your-holiday-entitlement to them and ask them to work it out via this link as this is a GOV website!!

stix62

AP007 wrote: »

That link tells you for irregular hours

Prove by showing the link https://www.gov.uk/calculate-your-holiday-entitlement to them and ask them to work it out via this link as this is a GOV website!!

I've used that link a few times myself - it doesn't really get any more accurate.

Naf, go through the process on that link (it takes all of 5 seconds) and then do a screen print of the result. Wave that in his face


edit: With regards to holiday entitlement it says on the GOV link an employer...'must not round down the holiday entitlement, but may round it up'. Round it up to what exactly? The hour,,,half hour,,, quarter hour?

AP007

stix62 wrote: »

I've used that link a few times myself - it doesn't really get any more accurate.

Naf, go through the process on that link (it takes all of 5 seconds) and then do a screen print of the result. Wave that in his face


edit: With regards to holiday entitlement it says on the GOV link an employer...'must not round down the holiday entitlement, but may round it up'. Round it up to what exactly? The hour,,,half hour,,, quarter hour?

well 28 mins is 30 mins or we can say round it up to a day?

Podge52

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

Tell him a tribunal will prove it's wrong and it will cost him a lot more than £70

cmw1212

So did you actually get pay worth 35 hours? The 44 hours would have been taxed.

Mands

Podge52 wrote: »

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

Tell him a tribunal will prove it's wrong and it will cost him a lot more than £70

But it'd cost the OP way more to go to a tribunal.

http://www.bbc.co.uk/news/business-23482520

People wanting to bring tribunals must now pay a fee for the first time since they were created in the 1960s.

Under the rules, it will cost £160 or £250 to lodge a claim, with a further charge of either £230 or £950 if the case goes ahead.

Podge52

Mands wrote: »

But it'd cost the OP way more to go to a tribunal.

There is fee remission.

Sorry not allowed to post links.

If the op were not to qualify for remission, then on winning their case as they surely would, I don't think it unlikely that the tribunal would award fees.

Naf

cmw1212 wrote: »

So did you actually get pay worth 35 hours? The 44 hours would have been taxed.

I fail to see your point? I pay no tax anyway.

AP007

Podge52 wrote: »

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

Tell him a tribunal will prove it's wrong and it will cost him a lot more than £70

true but it will cost the OP more to get there, however they the companies say this to scare people.