Holiday pay/rolled up holiday pay

Lavinia03

Hello, 

I am on 0 hour contract not with an agency and employed directly with the employer. I have worked for the company for just under 2 years. I work part-time every month but my hours vary some months 40hrs others 70hrs. I have a query regarding my holiday pay and hourly rate

 When initially applied for the roll the job advert stated 12.06ph which I've attached. With no mention of holiday. When I signed my contract they did not specify the exact amount I would be paid. I have attached an insert from my contract this is the only section that discussess pay and holiday pay. I was under the assumption I would receive £12.06 and was confirmed by the gentleman that hired me verbally. The employer pays me £10.76ph and puts aside £1.300 for holiday pay that goes into a savings pot that can be used at any time. 

My question is, would this be considered as rolled up holiday pay and is this practice legal? As this was not in my contract. In another job advert from the same company they make it clear there is a separation between basic pay and holiday pay in the job advert however in the job I applied for it only states £12.06ph. In addition, I'm thinking the way they calculate holiday is wrong because it should be over a 52 week period.

Not sure if this is something I should pursue formally. As I feel I'm being paid incorrectly hourly and incorrect holiday.

Marcon

Lavinia03 said:

Hello, 

I am on 0 hour contract not with an agency and employed directly with the employer. I have worked for the company for just under 2 years. I work part-time every month but my hours vary some months 40hrs others 70hrs. I have a query regarding my holiday pay and hourly rate

 When initially applied for the roll the job advert stated 12.06ph which I've attached. With no mention of holiday. When I signed my contract they did not specify the exact amount I would be paid. I have attached an insert from my contract this is the only section that discussess pay and holiday pay. I was under the assumption I would receive £12.06 and was confirmed by the gentleman that hired me verbally. The employer pays me £10.76ph and puts aside £1.300 for holiday pay that goes into a savings pot that can be used at any time. 

My question is, would this be considered as rolled up holiday pay and is this practice legal? As this was not in my contract. In another job advert from the same company they make it clear there is a separation between basic pay and holiday pay in the job advert however in the job I applied for it only states £12.06ph. In addition, I'm thinking the way they calculate holiday is wrong because it should be over a 52 week period.

Not sure if this is something I should pursue formally. As I feel I'm being paid incorrectly hourly and incorrect holiday.

I don't think this is rolled-up, because the holiday pay element has been split out from the hourly rate and your holiday pay is clearly shown on your payslip.

Holiday pay does indeed have to be calculated over a 52 week period, but doing it in smaller tranches (12 weeks) is OK provided that the overall total after 52 weeks is correct. I've seen it done before, the logic being that it is 'fairer' to people who have particularly erratic hours of work over the year.