Holiday pay included in wages

getmore4less

If you have a WTD payment that may be what they are doing.

You have plenty of hours not working that could be paid as holiday.

The calculation of the rate needs checking.

Comms69

getmore4less wrote: »

If you have a WTD payment that may be what they are doing.

You have plenty of hours not working that could be paid as holiday.

The calculation of the rate needs checking.

Oh I see, no the hours are right

restless6

I have a 0hrs nhs job.
My wtd / holiday pay payment is made every three months .

Comms69

restless6 wrote: »

I have a 0hrs nhs job.
My wtd / holiday pay payment is made every three months .

Can I check which trust? But yes I expected similar

mariefab

10.17% sounds rightish if they mean your hourly rate shown is inclusive of holiday pay and you're getting the stat minimum entitlement.
e.g. Hourly rate £10, 10 / 1.1207 = £8.9229945 rounded up to £8.93,
Therefore, 10 - 8.93 = 1.17 or 10.17%

That said, why did you need to ring up to ask about holidays?
Surely, with such a substantial employer as the NHS, you have been issued with, or directed to, a written contract/statement of particuars/offer of employment letter/other relevant agreement that has set out your entitlement to holiday and to holiday pay in clear terms so that you can precisely calculate it yourself.
If not, have you just started working there?

With rolled-up holiday pay the ECJ first stated that it was unlawful and said why. But then wimped out and said that "sums paid, transparently and comprehensibly, in respect of minimum annual leave" could be counted as payment for the holiday taken.

Here's a case which, although the claimant lost, gives helpful guidance on what qualifies as "transparently and comprehensibly".

https://www.bailii.org/uk/cases/UKEAT/2007/0301_07_2310.html

Comms69

mariefab wrote: »

10.17% sounds rightish if they mean your hourly rate shown is inclusive of holiday pay and you're getting the stat minimum entitlement.
e.g. Hourly rate £10, 10 / 1.1207 = £8.9229945 rounded up to £8.93,
Therefore, 10 - 8.93 = 1.17 or 10.17%

That said, why did you need to ring up to ask about holidays?
Surely, with such a substantial employer as the NHS, you have been issued with, or directed to, a written contract/statement of particuars/offer of employment letter/other relevant agreement that has set out your entitlement to holiday and to holiday pay in clear terms so that you can precisely calculate it yourself.
If not, have you just started working there?

With rolled-up holiday pay the ECJ first stated that it was unlawful and said why. But then wimped out and said that "sums paid, transparently and comprehensibly, in respect of minimum annual leave" could be counted as payment for the holiday taken.

Here's a case which, although the claimant lost, gives helpful guidance on what qualifies as "transparently and comprehensibly".

https://www.bailii.org/uk/cases/UKEAT/2007/0301_07_2310.html

Hiya, first time on bank; previously employed on full time contracts.

The reason I emailed; didn’t ring; is that as the project is coming to an end there won’t be work for me- so I wanted to check.

The minimum ( and NHS gets much more than minimum but I need to check as I’m a worker not an employee; though still paid under AFC ) is 12.07% as far as I can see, though another poster said 12.04%; in any case it’s not 10%.

Additionally having checked 4 payslips; the 10% appears only once. Will need to dig out the others but it’s certainly not a common occurance.

mariefab

Well. just showing up on one payslip is nowhere near enough. Nor is informing you when you enquire toward the end of the project. There needs to be a clear and calculable contractual agreement in place.

As it seems they didn't send you any documents that would qualify; perhaps you could check whatever documents you do have in case they directed you to their intranet for the Bank terms and conditions instead?

Comms69

mariefab wrote: »

Well. just showing up on one payslip is nowhere near enough. Nor is informing you when you enquire toward the end of the project. There needs to be a clear and calculable contractual agreement in place.

As it seems they didn't send you any documents that would qualify; perhaps you could check whatever documents you do have in case they directed you to their intranet for the Bank terms and conditions instead?

I've checked and certainly cant find anything; I'm not too concerned since I regularly speak to members of the executive team and I'm sure that this will be sorted. But I just wanted to check I was right before pushing too hard.

General_Grant

Comms69 wrote: »

The minimum ( and NHS gets much more than minimum but I need to check as I’m a worker not an employee; though still paid under AFC ) is 12.07% as far as I can see, though another poster said 12.04%; in any case it’s not 10%.

The general line is that it is 12.07% but my employer uses 12.069%.

I was the one who said it could be as low as 12.04%. That's because the 12.07% is worked out on the basis of a year being a straight 52 weeks during which you have 5.6 weeks holiday. But you can say that 365 days is 52.14285714285714 weeks!

When you were offered the bank work, what hourly rate did they quote? Is that what you are being paid?

restless6

Comms69 wrote: »

Can I check which trust? But yes I expected similar

Mine is with East Midlands Ambulance Service