Holiday pay is incorrect?

HiddenShadows

My holiday pay for work is roughly about 8.4%, is this correct for a casual contract? Everywhere online I see it's supposed to be 12.07%. Here's some of my hours & their respective holiday pay:
58.60 hours, 4.95 hours of holiday pay
79.25 hours, 6.70 hours of holiday pay
22.88 hours, 1.93 hours of holiday pay
17.75 hours, 1.50 hours of holiday pay
12.13 hours, 1.03 hours of holiday pay
30.52 hours, 2.57 hours of holiday pay

It instead looks more like I'm getting 1 hour of holiday pay for every 12.07 hours worked (or something similar), is this how it's supposed to be? Any advice/help would be appreciated! If it is incorrect, how should I go about this? As I'm probably owed nearly £200s of holiday pay when the difference is 8.4% (roughly) vs 12.07% as stated on the gov website.

joecranejoe

I would speak to Acas on this who can give you clear Guidance

Give them a call and they will give you all your rights etc - absolutely fantastic government run organisation

Comms69

HiddenShadows wrote: »

My holiday pay for work is roughly about 8.4%, is this correct for a casual contract? Everywhere online I see it's supposed to be 12.07%. Here's some of my hours & their respective holiday pay:
58.60 hours, 4.95 hours of holiday pay
79.25 hours, 6.70 hours of holiday pay
22.88 hours, 1.93 hours of holiday pay
17.75 hours, 1.50 hours of holiday pay
12.13 hours, 1.03 hours of holiday pay
30.52 hours, 2.57 hours of holiday pay

It instead looks more like I'm getting 1 hour of holiday pay for every 12.07 hours worked (or something similar), is this how it's supposed to be? Any advice/help would be appreciated! If it is incorrect, how should I go about this? As I'm probably owed nearly £200s of holiday pay when the difference is 8.4% (roughly) vs 12.07% as stated on the gov website.

12.07% is the minimum. However if you are paid for bank holidays, this would be lower

superbigal36

Your calculations look awfully close to someone dividing your time by 12.07 or whatever as opposed to assigning a percentage.

Masomnia

It looks like they've inverted it somehow as it's close to your hours*(1/12.07). God knows how they've got to that

As a first step I'd ask them how they've calculated it.

HiddenShadows

Comms69 wrote: »

12.07% is the minimum. However if you are paid for bank holidays, this would be lower

We are not paid for bank holidays.

Masomnia wrote: »

It looks like they've inverted it somehow as it's close to your hours*(1/12.07). God knows how they've got to that

As a first step I'd ask them how they've calculated it.

Okay thank you!

HiddenShadows

joecranejoe wrote: »

I would speak to Acas on this who can give you clear Guidance

Give them a call and they will give you all your rights etc - absolutely fantastic government run organisation

Thanks! I will try that

Kayalana99

Without working it out properly, say normally you get 30 days a year (just to make it even)

Then it would be 4% per 10 days, so 8% would be around 20 days and the other 4% would be the bank holiday. The slight difference from your percent obviously to take into account it's actually 28 days.

Hope that makes sense but that sounds right to me given you don't get bank holidays included

System

HiddenShadows wrote: »

My holiday pay for work is roughly about 8.4%, is this correct for a casual contract?

Quite probably.

When you are on irregular hours employers are allowed to calculate your holiday pay as an average of the previous 12 weeks where pay was due. That can lead to a situation where if you have a few low earning weeks you get less than you would if you were doing a job with regular hours.

They have to include any overtime or commission when calculating your pay, not just basic hours, following an EAT and ECJ ruling.

For the week holiday you've just taken add up the gross pay (not including things like expenses travel or subsistence payments) for the previous 12 weeks and divide by 12 and it should, if they've calculated it correctly, be what you've got.