Sainsburys holiday re-pay.

Paultr

Hello there, everybody.

First of all, some brief information about the situation I am in. I work in Sainsburys, doing 20 hours fixed contract every week in night shifts while studying full time. So we were entitled to allocate our new holidays from the 15th of March 2015 to 14th of March 2016, my overall annual entitlement was 147 hours/week. I now my exact leaving date I am going to make, which would be the 28th of June 2015. However, as I have an intense study period, I needed to take as much holidays as I need to prepare for everything, so I allocated 80 hours of holidays till the 15th of June. As I understand I will have to re-pay some amount of money as in the period 15th of March - 28th of June (3.5 months) I will be used more than half of my holidays. So my question would be, how much I will be claimed to repay or will be deducted from pay last month, knowing that that I get paid 8.63 pounds/hour? I am just not sure if it's just a simple proportion, or do I need to know/don't know some additional information that matters? If somebody knows what's the situation here or need additional info, let me know. I would appreciate that a lot, thank you.

SeduLOUs

You appear to get more than statutory minimum holidays, and I have no idea how they treat bank holidays or pro-rata calculations, so you will need to check your contract for the precise detail or ask HR for a full pro-rata calculation.

As a rough guide though, as you are working for 3 months, you will get three months worth (one quarter) of your holidays, so approx 36.75 hours. If you have booked 80 hours then you have overused approx 43.25 hours which equates to an overpayment of about £375 gross pay base on the hourly rate you quoted.

Bear in mind they may not be happy with this arrangement and may want you to cancel some of the booked holidays as you are not entitled to them. How this works in practice is dependent on your contract really.

agrinnall

I'd agree, I think your chances of getting the 80 hours of holiday are quite slim. If you really need the time to do your study you may find you have to finish your employment earlier than you would really like to.

getmore4less

Technically you don't accrue on holiday so if you take 4 weeks off you only accrue for 2.5 months.

SeduLOUs

getmore4less wrote: »

Technically you don't accrue on holiday so if you take 4 weeks off you only accrue for 2.5 months.

This would only apply if you work irregular hours and your holidays are calculated on the actual hours worked (the 12.07% formula).

Holiday accrues throughout for people on set hours contracts.

getmore4less

SeduLOUs wrote: »

This would only apply if you work irregular hours and your holidays are calculated on the actual hours worked (the 12.07% formula).

Holiday accrues throughout for people on set hours contracts.

That only works when you take the correct holiday within the accrual period.
Not when you prorata properly not all companies do.

SeduLOUs

If you are employed for 3 months in a year then you accrue 3 months worth of holidays regardless of whether you take some holidays/go off sick/have a baby during those 3 months.

agrinnall

SeduLOUs wrote: »

If you are employed for 3 months in a year then you accrue 3 months worth of holidays regardless of whether you take some holidays/go off sick/have a baby during those 3 months.

gm4l is making a different point though. If you work a part year then leave, and haven't taken all the accrued holiday during that time, then that untaken holiday should be added to the end of the period you have worked and will itself accrue an allowance that should be factored into what you are paid for untaken holiday. Most employers won't do this, and most employees won't know that they should do it.

SeduLOUs

agrinnall wrote: »

gm4l is making a different point though. If you work a part year then leave, and haven't taken all the accrued holiday during that time, then that untaken holiday should be added to the end of the period you have worked and will itself accrue an allowance that should be factored into what you are paid for untaken holiday. Most employers won't do this, and most employees won't know that they should do it.

Why would the employer do that?

The employee gives a very specific end date to their employment in their letter of notice. Holiday is accrued up to that date, and any outstanding holidays at that date are then paid in the final payroll.

What you are saying is that the outstanding holiday should extend the period of employment and change the leaving date that the employee has already dictated. The employer wouldn't do this because:

a) it would cost them more (by paying the additional holiday accrual)

and

b) they can't. If the notice was given properly then the employer has to accept it. They cannot unilaterally change the end date of the employment.

Even if they could and did do this, an extended end date of employment could in a delay in pay and receipt of P45 (as the new end date could mean the employee is waiting another month for the final payment, rather than simply being paid outstanding holidays at the next available payroll leaving date).

More importantly it may delay the employee's ability to obtain another job, as it is very risky to accept and begin a contract with a new employer when still bound by the old one. Why do you think new employer's ask what your notice period is? Do you respond by saying "four weeks" or by saying "four weeks plus whatever holiday I have left at that time"?

Both reasons probably far outweigh the additional few quid made by accruing holiday on the extra and would therefore not be preferable for the employee.