Holiday pay Christmas temp

KC1995

Hi,
I wanted to know basically I worked at Argos over the Christmas time and finished working there at the end of December as it was only a christmas temp position. However I wanted to know am I entitled to holiday pay? On my Argos account it tells me I am owed 25 hours holiday pay but I don’t know whether this is wrong as I have been paid my last pay today but there is no holiday pay to be seen.
Thank you

Sorry if I have not posted this in the right forum!

KeepOnRunning

How long did you work there?

KC1995

I started working there the middle of novermber so around 7 or 8 weeks.

jobbingmusician

Have a look at https://www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement and see whether 25 hours of holiday sounds right. It could be, if you worked quite long hours!

KC1995

Thank you! I think I worked it out right and put down my contracted hours which was only 12 hours a week but with overtime however it’s worked out that I am entitled to 8 hours of holiday pay, I don’t know how I go about claiming this?

Diamandis

You wouldn't get holiday pay for non guaranteed overtime hours so you should calculate based on the 12 hours. Were you not given Christmas Day or New Year's Day as holiday time? If you're due any holiday pay then you need to contact Argos to highlight it to them.

NineDeuce

Yes you are entitled to holiday pay. You are entitled to 28 paid days a year, although the employer can choose to implement bank holidays, but on the assumption that Argos didnt pay you on Christmas Day, you will be entiled to whatever you worked pro-rata.

If you worked on average 37 hours per week, you would be entitled to 37 hours per quarter, so about 12.3 hours if you worked for a month, example.

KC1995

Yes I only entered the 12 hours that were contracted. I was given holiday on Christmas Day but that’s as only 4 hours holiday. Thank you

touch*my*food*feel*myfork

my son had a Christmas job (not argos) and in his wage it included a payment for holiday pay - He was contracted for 10 hours a week and it worked out about 1 hour per week
so you should have definitely been paid something - whether that is during you weeks working or as a lump sum afterwards

jobbingmusician

In order to claim your holiday pay, I would write to them and ask them for it. Something like

'Over the Christmas period I worked for you from x date to y date, a total of z hours. In this period, according to Argos's own website, I accumulated 25 holiday hours, and was surprised not to be paid for this untaken holiday when I left on p date. I understand that untaken holiday is normally paid with final pay. I would be grateful to receive this payment as soon as possible, or an explanation of why you think it is not payable.'

Keep a careful screenshot of your Argos account before you send this letter!

Then if they don't pay it or explain, it's MCOL time.....

BTW, the law is unclear (to my non-expert mind, anyway) whether holiday accrues in overtime hours. My belief is that there is a gradual movement towards paying it. So I'm not surprised if Argos thinks you have more holiday hours than you do - they are possibly acting as a responsible employer and accumulating it for your overtime hours as well as your contracted hours.

System

Diamandis wrote: »

You wouldn't get holiday pay for non guaranteed overtime hours

Sorry but that is incorrect. In an Employment Appeals Tribunal Case in July 2017 it was ruled that in addition to non-voluntary overtime that voluntary overtime, pay for travelling, call out and standby allowances had to be included when calculating holiday pay.

Basically as it stands now your holiday pay effectively has to be calculated including pretty much everything that is on your pay slip other than expenses.