We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Statutory Holiday Pay and Contracts
skibadee
Posts: 1,304 Forumite
We work for a small childcare setting.
In our contracts it is stated our hours of work per day, it also states holidays will be paid for 3 hours per day only.
We have since discovered that we should be getting paid our full daily hours when on holiday.
The employer was told this and has now said " well its in your contracts that you will only get 3 hours per day holiday pay"
One staff member works 42.5 hours a week, she has just taken a weeks holiday and will lose £178 for that week.
Can the employer uphold this or can we contest it ?
In our contracts it is stated our hours of work per day, it also states holidays will be paid for 3 hours per day only.
We have since discovered that we should be getting paid our full daily hours when on holiday.
The employer was told this and has now said " well its in your contracts that you will only get 3 hours per day holiday pay"
One staff member works 42.5 hours a week, she has just taken a weeks holiday and will lose £178 for that week.
Can the employer uphold this or can we contest it ?
0
Comments
-
Contracts cannot override the statutory holiday requirements.
Go back to basics to see what else needs fixing there is the entitlement to holidays and what you get paid for it
You should get 5.6 weeks holidays which can include the bank holidays.
For a 5day a week full timer that is 28days.
The weeks pay is defined in the employment act which is typically the pay for the contracted hours. there are other ways to do it for those that have more variable hours/days.
If low pay this may be a min wage claim which HMRC are responsible for.
Another angle is illegal deduction of wages which can be small claims or employment tribunal .0 -
We don't get paid for Bank Holidays, so am I right in thinking, if we usually work on a day that is a Bank holiday, we can add those days into our entitlement ie., I work 4 days so am entitled to 22.4 days per year?
On reading your reply am I right in thinking that we do have a right to contest?0 -
We don't get paid for Bank Holidays, so am I right in thinking, if we usually work on a day that is a Bank holiday, we can add those days into our entitlement ie., I work 4 days so am entitled to 22.4 days per year?
On reading your reply am I right in thinking that we do have a right to contest?
Not necessarily. It depends on your how your contract is worded.
As long as you get the statutory minimum of 28 days (which can include the bank holidays) then it is up to the employer how they actually deal with bank holiday working.
Contract terms cannot override employment law. An employment contract can give you more than the statutory minimum holidays, but not less.0 -
It is worded that we are entitled to 5.6 weeks holiday?
I would like someone to clarify the pay question too please, I think I am right in thinking from the reply from "getmore4less" that we should be receiving our contracted hours pay and not just 3 hours a day??0 -
It is worded that we are entitled to 5.6 weeks holiday?
I would like someone to clarify the pay question too please, I think I am right in thinking from the reply from "getmore4less" that we should be receiving our contracted hours pay and not just 3 hours a day??
5.6 weeks holiday = 28 days if you work 5 days per week (5.6 * 5) so they are offering statutory minimum.
Based on this, the contractual term about 3 hours per day is nonsense and completely unenforceable. You are entitled to 5.6 weeks of 'normal' pay for your holidays.
You are entitled to your normal working hours for each of those days, which is much easier to calculate if you work a standard amount of hours every day (i.e. if you work 7.5 hours a day the total allowance is 7.5 * 28 = 210 hours per year). If you don't it can still be calculated.
As they haven't mentioned bank holidays, how they expect you to work them is up to them, but if they expect you to work on bank holidays, then you still need 28 days paid holiday off in a holiday year.
If you post more specifically about what your hours normally entail - i.e. contractual hours per week, how many hours per week you normally work, whether you do same hours per day or shift work, then we will be better placed to guide you on how to calculate your exact annual allowance in hours, as '28 days' is a bit meaningless if you work 4 hours some days and 12 hours on others.0 -
It is worded that we are entitled to 5.6 weeks holiday?
I would like someone to clarify the pay question too please, I think I am right in thinking from the reply from "getmore4less" that we should be receiving our contracted hours pay and not just 3 hours a day??
You are due normal pay for the holidays not a reduced rate of 3hrs.0 -
My contracted hours are.,
Mon., 8-5
Tue., 8-9.30 then 1-6
Wed., 8-6
Fri., 1-5
No breaks or lunch breaks.0 -
My contracted hours are.,
Mon., 8-5
Tue., 8-9.30 then 1-6
Wed., 8-6
Fri., 1-5
No breaks or lunch breaks.
Mon: 8-5 = 9 hours
Tue: 8-9.30 + 1-6 = 6.5 hours
Wed: 8-6 = 10 hours
Fri: 1-5 = 4 hours
Total Weekly Hours: 29.5 - does this match your contract?
You are entitled to 5.6 weeks of paid holiday.
5.6 weeks x 29.5 hours = 165.2 hours of paid holiday per holiday year.
Note: the employer is allowed to round this figure up (to 165.5 or 170 for example), but cannot round it down to say 165 hours.
If you take off a Monday you should be paid in full for it and will 'use' 9 hours of holiday, if you take off a Friday, same applies but you will only use 4 hours of your annual allowance. Keep a running total for your own records.
Remember that it only comes off your allowance if you have the time off and are paid in full for it. If you are now mid-year, you should look at the holidays you have already taken and approach it one of two ways:
a) The employer needs to 'top up' the holiday payments you have already had ASAP to the full pay for the days you have had off.
b) you accept the payment of 3 hours per day you have had so far, but only deduct 3 hours from your allowance for those days, meaning you have more remaining allowance left to take.
Hope this makes sense/is helpful?
Lack of breaks is a completely separate issue, and I do agree you should be joining a union if there is one appropriate for your industry.0 -
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601.1K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards