Holiday pay

traceyaj

74jax, We are pretty sure that they are referring to guidance and FAQ's published by the local authority.

traceyaj

This issue is still ongoing. He is still not receiving adjusted holiday pay for the overtime hours he works. If he were to receive it the figure is 7.66 % of his normal hourly rate. We have asked as to how the 7.66% figure has been arrived at and have been advised that, "20 days statutory annual leave divided by 261 (which is the maximum number of working days) x 100 . Therefore :- 
20 / 261 x 100 = 7.66%.
Does this sound like a typical example of what other workers receive?  

Undervalued

traceyaj said:

This issue is still ongoing. He is still not receiving adjusted holiday pay for the overtime hours he works. If he were to receive it the figure is 7.66 % of his normal hourly rate. We have asked as to how the 7.66% figure has been arrived at and have been advised that, "20 days statutory annual leave divided by 261 (which is the maximum number of working days) x 100 . Therefore :- 
20 / 261 x 100 = 7.66%.
Does this sound like a typical example of what other workers receive?  

Statutory annual leave for a full time employee is 5.6 weeks (28 days) so I assume they are saying 20 days plus the eight bank holidays. There is no legal right to bank holidays as such but if they are not worked the employer can insist that they are part of the 28 day holiday entitlement.

traceyaj

Undervalued said:

traceyaj said:

This issue is still ongoing. He is still not receiving adjusted holiday pay for the overtime hours he works. If he were to receive it the figure is 7.66 % of his normal hourly rate. We have asked as to how the 7.66% figure has been arrived at and have been advised that, "20 days statutory annual leave divided by 261 (which is the maximum number of working days) x 100 . Therefore :- 
20 / 261 x 100 = 7.66%.
Does this sound like a typical example of what other workers receive?  

Statutory annual leave for a full time employee is 5.6 weeks (28 days) so I assume they are saying 20 days plus the eight bank holidays. There is no legal right to bank holidays as such but if they are not worked the employer can insist that they are part of the 28 day holiday entitlement.

Thanks Undervalued. He is awaiting the result of a grievance hearing held last week. We have heard of a few different figures that other organisations use. 12.07 % is one figure that has been mentioned. Quite a difference to 7.66%. Can anyone please  shed light upon how these figures are arrived at.     

Undervalued

traceyaj said:

Undervalued said:

traceyaj said:

This issue is still ongoing. He is still not receiving adjusted holiday pay for the overtime hours he works. If he were to receive it the figure is 7.66 % of his normal hourly rate. We have asked as to how the 7.66% figure has been arrived at and have been advised that, "20 days statutory annual leave divided by 261 (which is the maximum number of working days) x 100 . Therefore :- 
20 / 261 x 100 = 7.66%.
Does this sound like a typical example of what other workers receive?  

Statutory annual leave for a full time employee is 5.6 weeks (28 days) so I assume they are saying 20 days plus the eight bank holidays. There is no legal right to bank holidays as such but if they are not worked the employer can insist that they are part of the 28 day holiday entitlement.

Thanks Undervalued. He is awaiting the result of a grievance hearing held last week. We have heard of a few different figures that other organisations use. 12.07 % is one figure that has been mentioned. Quite a difference to 7.66%. Can anyone please  shed light upon how these figures are arrived at.     

Yes, 12.07% of hours worked is another way of expressing the statutory minimum annual leave entitlement.

The reason I mentioned bank holidays is that these frequently confuse the picture. To repeat, there is no legal entitlement to bank holidays, not even Christmas day. The entitlement is to 5.6 weeks paid holiday (for those that work regular hours) which equates to 28 days for those working a normal five day week. As you say that is the same as not having to work for 12.07% of the hours being paid.

However an employer can say "we are closed on all bank holidays so that is eight days of your annual leave used up" leaving 20 (for full time people) to take at other times by agreement. Pro rata for part time or irregular hour staff.

If he is paid without having to work for the eight bank holidays, then somebody with better maths than me (!) may be able to say if 7.66% correctly accounts for the rest? I suspect it can't be far off and might be correct??

traceyaj

I cannot get the 12.07% figure by my maths, I am doing something wrong :- 28 days divided by 261 possible working days = 0.1073 x 100 = 10.73%. Where are we getting 12.07 % from ?

KP20

traceyaj said:

I cannot get the 12.07% figure by my maths, I am doing something wrong :- 28 days divided by 261 possible working days = 0.1073 x 100 = 10.73%. Where are we getting 12.07 % from ?

It's 12.07% of worked hours, so excluding the 28 holiday days.

260 annual - 28 holiday days = 232 actual working days
 
28/232 = 12.07% (rounded)

traceyaj

KP20 said:

traceyaj said:

I cannot get the 12.07% figure by my maths, I am doing something wrong :- 28 days divided by 261 possible working days = 0.1073 x 100 = 10.73%. Where are we getting 12.07 % from ?

It's 12.07% of worked hours, so excluding the 28 holiday days.

260 annual - 28 holiday days = 232 actual working days
 
28/232 = 12.07% (rounded)

His employers use the calculation which comes to 7.66%. Using the logic above would it be reasonable to argue :-
261 days (annual - 20 statutory holidays = 241 actual working days. 
20/241 = 8.3% (rounded) ? 
261 days as opposed to 260 is his employers figure.  

traceyaj

My husband has received the decision from the grievance hearing.  He will receive adjusted holiday pay for a period that his employer has defined as regular. He will be appealing against the decision not to make an award for the remaining periods. ACAS have advised that where the two sides cannot reach agreement over what is "regular" then only an employment tribunal can decide and this is done on a case by case basis. Any advice on what to include in the appeal would be welcomed.