Holiday Pay Issue

sabelu

Before I left my company they offered me a meeting to discuss my holiday pay payment.
My contract was altered last October from 5x8 to 4x10 shifts and we work bank holidays. I was told at this meeting that the company calculate Bank Holiday entitlement as an 8hr day. I took advice from ACAS etc and before I left sought a conciliatory meeting to discuss but the response was the same so I lodged a grievance and was told I would get a response before I left. This did not occur, I was ignored,so I escalated the grievance up the line after my leave date and waited a further week with no response.
Finally a fortnight ago I escalated further to the highest level allowed on grievance but this this time gave a time constraint of seven days.
Still I was ignored so I worked out the value of the difference and made an online small claims application. Now that my employer has been served the claim they have started to respond by sending a letter inviting me to a meeting, that is no longer a grievance meeting as I have left the company.
They have re-iterated that they credit holiday by 8hrs rather than 10 and say that my contracts states this but that contract was issued prior to the change of shift pattern.
I am pursuing this via moneyclaim but has any one any advice on this please.

getmore4less

Did they reduce your holiday days to take account of a 4 day weeks from a 5 day

the total hours of holiday pay will stay the same but the number of days changes.

the way o point out the problem is if you work 4 days you only need 4 days holiday but if they pay 8 hours you are only getting paid 32 hours for the 40hr week.

i

sabelu

200 hrs per year holiday not stated in days plus bank holidays they are calculated as 8 hrs so I work 10 hrs getting 8 put into my holiday pot.Therefore if I took a bank holiday as holiday I would get an 8hr allowance in my holiday pot but have 10hrs taken out

Babbawah

You seem to be doing alright so far so stick to your guns & have confidence.

On the few occasions I've needed to do similar I have always pointed out to them in writing why I am right & they are mistaken.

Have you done this yet?

getmore4less

40hr week * 5.6 weeks(the statutory minimum) is 224hrs

are you saying they are giving 200hr + 8 x 8hr BH

JodyBPM

Wherever I've worked, for non standard work patterns, bank holiday entitlement is calculated on a standard length day, and then deducted depending on your working pattern and the hours not worked in a week with a bank hol in it. You don't get more hours bank holiday entitlement because you work 4 long days than if you work 5 standard days.

So, if the standard working day is 8 hours, and there are 8 bank hols in the year, then the bank holiday entitlement for 40 hour workers is 64 hours, regardless of whether you work your 40hour week over 4 x 10 hour days or 5 x 8 hour days. You don't get extra bank holiday entitlement just because you have a different work pattern.

If you don't work on a bank holiday, you have to take 10 hours bank holiday leave, because there are 10 hours of your working week you are not working. (Remember, you will only be actually working 30 hours on a week with a bank hol in it, where as with a 5x8 pattern, you would be working 32 hours. The holiday hours taken are the difference between the number of hours actually worked and the 40 hours contracted - ie in your case 40-30=10 on a 5*8 work pattern its 40-32=8, so 8 hours bank hol leave taken)

I think your employers are right, sorry. Listen carefully to their explanation before starting a claim.

amiehall

Ive worked for an employer in the past that did similar to what you describe. For example, I used to do 7.5 hours m-t and 7 on a Friday giving "average" of 7.4 per day. On a Bh I would get 7.4 hours from my Bh allowance but would have to make up the remaining 6 minutes from my holiday allowance. Doing it this way is NOT wrong! Your post is hard to follow but if they're doing it a similar way, I would have a long think about whether your holiday works out the same as everyone else's in hours per year before proceeding further.