Calculating Holiday Pay

CYPER

Hello everyone. I need some help regarding calculating holiday pay.
Here are the facts:

Holiday year: 1st April 2018 to 31st March 2019
Employee has been continuously employed since 6th December 2016, but had zero hours (was not working) December 2017 to May 2018 and started working again on 1st June 2018
Employee left 8th February 2019
Total hours worked: 1295 as per payslips
Total holiday hours paid: 85 as per payslips

HR office says their software shows 55 outstanding holiday hours to be paid. I calculate 71 hours using the gov.uk calculator: 1295 worked hours equals 156 holiday hours minus 85 already paid/taken = 71 hours due.

Who is right and who is wrong?

Thank you.

Comms69

Standard statutory holiday allowance? - 12.07%


So your figures are correct.

CYPER

I figured out why HR are paying less holiday than my calculations.

Their software uses the hours worked and holiday taken since start of employment (previous holiday years).

The employee had taken more holiday that accrued in the 2017-2018 leave year and now the final calculation takes this into account.

Does anyone know if the relevant law/legistlation allows that?

getmore4less

What does the contract say?

CYPER

getmore4less wrote: »

What does the contract say?

Good questions. Just checked and it says: In the event that more holiday entitlement has been taken than accrued, the balance will be deducted from outstanding wages.

Now this statement doesn't say that it refers to past years, but it seems it is enough for them to justify legally what they are doing?

Savvy_Sue

I would say yes.

getmore4less

Maybe not as it crosses holiday years.

There are no statutory provisions for negative carry over

But they will do it anyway and it won't be worth the fight.

There have been test cases where accrued unused from previous years has been paid on leaving(very specific circumstances) maybe the reverse could apply.

Savvy_Sue

getmore4less wrote: »

Maybe not as it crosses holiday years.

I don't think that is relevant, personally. Our t&c allow for this kind of deduction absolutely, no prevarication about 'current leave year only'.

getmore4less wrote: »

There are no statutory provisions for negative carry over

No, but I am not sure there has to be ... and yes, you're right about this!

\/ \/ \/

getmore4less wrote: »

But they will do it anyway and it won't be worth the fight.