Holiday pay included in wages

Comms69

Hi folks,


I remember reading something about holiday pay having to be shown as an extra line on the pay slip for it to be paid as part of my wages? - or did I dream this.


Basically at present work on NHS bank, and I asked the question about getting holiday pay, the reply was:


In your payslip you may notice a WTD payment, this is a working time directive payment in lieu of holiday pay, paid at 10.17%.


Which A: I haven't noticed but B: seems to be less that stat minimum?


I've gone back to the employer and will phone payroll later to clarify, as well as checking my payslips. But on bank (basically zero hours) am I correct in my thinking?

General_Grant

To two decimal places, the lowest percentage should be 12.04.

In fact the payment is holiday pay, not in lieu of it!

For bank workers it does need to be shown separately from the regular pay for ordinary hours.

Comms69

General_Grant wrote: »

To two decimal places, the lowest percentage should be 12.04.

In fact the payment is holiday pay, not in lieu of it!

For bank workers it does need to be shown separately from the regular pay for ordinary hours.

Thanks I thought this was the case.


Time to ring payroll and check payslips.


(Why do I seem to know more than the person in charge of bank workers?!)

Comms69

Can anyone link to something for this? Just need to follow up with payroll.

sangie595

Ummm. I admit that at the best of times NHS terms make my head hurt and it's a long time, thankfully, since I had to deal with them....

Unless you really don't do very much work for them, I'd be interested to hear their explanation for unlawful rolled up holiday pay - it should only be paid to you when you take holiday. Rolled up holiday pay isn't totally unlawful, but it's only very specific circumstances in which it applies.

But here's a thought, and it might not be the case for you, but in the past I have seen bank workers who have had their bank holiday entitlement included in the pay because they "get" paid bank holidays, leaving the percentage of "free to take at any time" leave at a lower rate. So not less holiday, just a really daft way of working anything out whilst confusing everyone.

Comms69

sangie595 wrote: »

Ummm. I admit that at the best of times NHS terms make my head hurt and it's a long time, thankfully, since I had to deal with them....

Unless you really don't do very much work for them, I'd be interested to hear their explanation for unlawful rolled up holiday pay - it should only be paid to you when you take holiday. Rolled up holiday pay isn't totally unlawful, but it's only very specific circumstances in which it applies.

But here's a thought, and it might not be the case for you, but in the past I have seen bank workers who have had their bank holiday entitlement included in the pay because they "get" paid bank holidays, leaving the percentage of "free to take at any time" leave at a lower rate. So not less holiday, just a really daft way of working anything out whilst confusing everyone.

I do 24 hours on average a week; though recently upto 30-32. Its a specific project, so as it near culmination the work is higher.

Certainly I think it’s a significant amount of work I do.

I’ll check on the bank holiday issue, but there’s only been 1 whilst I’ve been in the bank and I don’t believe it was paid.

Glad that I’m right though; if I’ve worked it out roughly correctly holiday pay will be in the region of £500

sangie595

Comms69 wrote: »

I do 24 hours on average a week; though recently upto 30-32. Its a specific project, so as it near culmination the work is higher.

Certainly I think it’s a significant amount of work I do.

I’ll check on the bank holiday issue, but there’s only been 1 whilst I’ve been in the bank and I don’t believe it was paid.

Glad that I’m right though; if I’ve worked it out roughly correctly holiday pay will be in the region of £500

I can't for certain say that is the reason - only that I did come across it once. The percentage sounds "about the same" which is what made me remember.

Do tell us what the outcome is - I'm curious now!

Comms69

sangie595 wrote: »

I can't for certain say that is the reason - only that I did come across it once. The percentage sounds "about the same" which is what made me remember.

Do tell us what the outcome is - I'm curious now!

Will do; it’s SBS and their turn around time for call backs is 72 hours; so will advise once I hear back ( or need more advice )

clairec79

I'm not sure if ours is that if you get to the end of the leave year and haven't taken it

We can request (from the bank office) what annual leave we have accrued and have it paid when we like - so instead of hours worked on the time sheet you write in Annual Leave X hours (I claim mine three times a years usually - just before summer holidays, xmas and end of march) but I think that may be what they do if you haven't claimed it at the end of the leave year

getmore4less

The contract my OH was on was zero hours with each period of work being treated as separate so the holiday could be paid as that is allowed.

As an employer can dictate when the holiday is taken they can nearly always have the holiday hours accrued in a pay period taken during the pay period.

I suspect no one checks that people are working so many hours they really can't be taking holidays as well..

Comms69

getmore4less wrote: »

The contract my OH was on was zero hours with each period of work being treated as separate so the holiday could be paid as that is allowed.

As an employer can dictate when the holiday is taken they can nearly always have the holiday hours accrued in a pay period taken during the pay period.

I suspect no one checks that people are working so many hours they really can't be taking holidays as well..

These are weekly pay periods so it’s not really possible