Holiday Entitlement

adewolves

After recently coming back to work for the YMCA as a relief worker I was told by my manager when I asked about holiday pay he said I wasn't entitled to it as a percentage of my hourly rate was for annual leave...which I believe is no longer possible. Anyway I only recently had my work agreement which to cut short stated that Holiday entitlement accrues at a rate of 12.07% of the hours worked. You may take this as paid holiday during the term of an engagement or else payment will be made to you in lieu of untaken holiday after each 12 week period.


So I assume I do get paid holiday and if I don't take it I will be paid for the holiday entitlement I didn't take. As the holiday period runs from 1st April to 31st March how would I get paid, the reason I ask is because I started on the 17th January and up until the 31st March I would have done 472 hours. Would I still have to wait 12 weeks or would it be sooner as the holiday period ends at the end of this month. Also how many hours would I have accrued after doing 472 hours at 12.07%. Thanks in advance for your replies.

getmore4less

472*0.1207=56.97hrs.

jobbingmusician

My belief is that rolled up holiday pay is still legal IF the employer makes this clear, and the CAB agree with me. What does your payslip say? (My organisation does pay in this way for casual workers, but our paperwork makes this transparent.)

See https://www.citizensadvice.org.uk/work/rights-at-work/holiday/holiday-pay-what-youre-entitled-to/

You state that you have previously been told that your HP was rolled up, but have now received a work agreement which says that it isn't. OK.... given the date, I suggest you very promptly point out to them that you have been prevented from taking holiday by the incorrect previous advice given to you, and ask them to pay you for your untaken holiday. (Or maybe ask how much of this untaken holiday you can carry forward into next year.)

getmore4less

The payment every 12 weeks may also be partially illegal if you were to be working full time as there would be no time to have taken the holiday paid.

You have worked 11 weeks that's an average of 42.9 hours a week which suggests full time+.

They should not be rolling up or paying the holiday pay, you should be taking the holidays.

anamenottaken

jobbingmusician wrote: »

My belief is that rolled up holiday pay is still legal IF the employer makes this clear, and the CAB agree with me. What does your payslip say? (My organisation does pay in this way for casual workers, but our paperwork makes this transparent.)

See https://www.citizensadvice.org.uk/work/rights-at-work/holiday/holiday-pay-what-youre-entitled-to/

You state that you have previously been told that your HP was rolled up, but have now received a work agreement which says that it isn't. OK.... given the date, I suggest you very promptly point out to them that you have been prevented from taking holiday by the incorrect previous advice given to you, and ask them to pay you for your untaken holiday. (Or maybe ask how much of this untaken holiday you can carry forward into next year.)

The CAB seem to be using "rolled up holiday pay" with a different definition. They are actually saying that it has to be specified separately from the outset and shown separately on payslips. That is not having the holiday pay rolled up with normal pay.

Simply saying the hourly rate includes holiday pay is not legal.

My organisation has just gone over to the legal route of paying it monthly on the hours worked (that is for those of us who are not "permanent" employees on an annual salary). This is a retrograde step as it discourages the taking of holiday because the pay won't come in (and you can't expect everyone to put it aside as it is paid in anticipation of a holiday later in the year).

adewolves

All sorted they are paying me at the end of the month, which is a good thing as there is no more work for me after this week

getmore4less

anamenottaken wrote: »

The CAB seem to be using "rolled up holiday pay" with a different definition. They are actually saying that it has to be specified separately from the outset and shown separately on payslips. That is not having the holiday pay rolled up with normal pay.

Simply saying the hourly rate includes holiday pay is not legal.

My organisation has just gone over to the legal route of paying it monthly on the hours worked (that is for those of us who are not "permanent" employees on an annual salary). This is a retrograde step as it discourages the taking of holiday because the pay won't come in (and you can't expect everyone to put it aside as it is paid in anticipation of a holiday later in the year).

Rolled up is also often used to describe holiday pay paid in the pay cycle.

It can simplify the holiday/payroll especially for those on variable hours.

The company should not be letting people not take holiday.
To get round this what they can do is just increase the hours and call some of them holiday but that would be dodgy for those already working the equivalent of full time or more.

There is a secondary issue that any pay paid in advance of taking the holiday may be incorrect as the holiday pay is determined using the first day of the holiday as the reference point for the calculation of a weeks pay, many cases it will be OK but holiday paid before and taken after a pay change will be wrong.

holiday accrual and holiday pay are separate calculations.