holiday and commission advice please

getmore4less

There are a number of ways to calculate holidays all can be valid and come out with slightly different results and extra part days can complicate as the legislation defines holidays in weeks and a weeks pay.

Initialy employed 42 weeks 3 days a week(+4 hr every other week)
28 days inc BH equates to 5.6 weeks

In hours
27.5 * 5.6(42/52) = 124.38hrs or 14.6 x 8.5hr days

In days
The 3 days 0.6 of a full time at 42/52 weeks worth 13.57 days paid at 8.5hrs(115.34hr). + 1day 0.2 full time * 21/52 2.26days at 4hr(9hr)

Based on that the initial allowance of 19(11+8 BH) was far too much.

You actualy worked 25weeks on those hours 74.04 hr holiday.

you then work 17 weeks at 37.5hr pw so thats 68.65

total for the years is now 142.69 or 16.79 days.

How many do they say you have now for this holiday year.

How many for next year?

How do they allocate holiday when you take it, there may be a discrepency there, do you use 6 days for a week off for example

xpanda1969x

they havent given me this years allowance and im too scared to use any incase they screw up and i end up working for free again. Theyre making me work 3 days to pay them back which would be fine if it were my mistake and id hold my hands up and deal with it. BUT the mistake was theirs. TWO managers and the boss calculated and approved my holiday, id never have taken some if id known so its not really fair to penalise me. They have no idea what theyre doing clearly

getmore4less

Why not offer to have the days taken out of next years allowance at least that way you get paid full this month

At a min ask what they have calculated for this holiday year and next.

One isue they may have is ifthye have you work and don't pay they may fall foul of NMW if you don't get paid much.

Who owns the place deal with them.

getmore4less

One other thing what days have they taken and paid from the allowance, Ie if you did not normaly work a BH did they include that one in the allowance and not pay it?

How many paid holidays have you had this year?

xpanda1969x

im on minimum wage, well i get 2p over per hour. They wont take it out of next years because we're seriously short staffed and they need me to work my days off and have just found a way of making sure i do without cost to them. i do deal with the owner..it was them who ordered me to work my days off

xpanda1969x

i do normally work BH its in my normal working week so ive had those plus 9 non BH days

getmore4less

If on NMW then they can't have you work for free in this pay period.

You still need to check they have the days correct.

xpanda1969x

technically its not for free according to them as its paying back overpayment of holiday. The annoying thing is im not an idiot, id not have taken that many days if i hadnt been told by my boss that this was my allowance. I cant refuse to work the days because they'll deduct the money from my wages

getmore4less

9+7 BH you started after new year is only 16 they owe you 17 days holiday

xpanda1969x

sorry i forgot to add in the 3 i used for christmas. ive had 12 + BH. so they say i owe 3 days. there's nothing i can do i argued it like crazy but they wont budge. its either work it or get pay docked