Use of Days Worked Per Week in Holiday Pay calculation

philng

Our employer has recently moved to the Fourth app for holiday calculation which is now using the number of days worked per week in the calculation.

it appears in a business such as ours that flexible hours worker that are required to work flexibly are now worse off.

i work 5.5 days per week and average 50 hours a week but when i take a week holiday i don’t receive the 50 hours pay unless i take 5.5 days holiday. This was not the case last year where holidays were built pro rata to hours worked so a 40 hr per week employee received 28 days and if you worked more or less than the 28 days your holidays were set pro rata. There was no impact on no of days worked.

Another example it appears an employee doing 40 hours pw over the set 5 days a week would be better off holiday pay wise than one doing the same hours over 6 days as their daily average hours would be higher.

Is the company allowed to use this method that appears detrimental to those working their hours over more days per week?

LinLui

Perhaps the answers you got a month ago have some relevance?

philng

LinLui said:

Perhaps the answers you got a month ago have some relevance?

I didn't get any definitive answers 

LinLui

philng said:

LinLui said:

Perhaps the answers you got a month ago have some relevance?

I didn't get any definitive answers 

Starting another thread won't get you any. As you were told last time - and bearing in mind that we can't see the actual calculations being used - many employers would calculate holidays based on hours. But the law does not require them to do that. There is a sure fire way of getting a definitive answer - make a tribunal claim. Just be sure that you are right. Your union could help with ascertaining that? But your own posts are full of "it appears". So you don't actually have any clarity on the matter, but expect us to give a definitive answer. Nobody can do that without sitting down with all the calcualtions and details and working each one through. 

Undervalued

philng said:

Our employer has recently moved to the Fourth app for holiday calculation which is now using the number of days worked per week in the calculation.

it appears in a business such as ours that flexible hours worker that are required to work flexibly are now worse off.

i work 5.5 days per week and average 50 hours a week but when i take a week holiday i don’t receive the 50 hours pay unless i take 5.5 days holiday. This was not the case last year where holidays were built pro rata to hours worked so a 40 hr per week employee received 28 days and if you worked more or less than the 28 days your holidays were set pro rata. There was no impact on no of days worked.

Another example it appears an employee doing 40 hours pw over the set 5 days a week would be better off holiday pay wise than one doing the same hours over 6 days as their daily average hours would be higher.

Is the company allowed to use this method that appears detrimental to those working their hours over more days per week?

I wonder if 40 hours over 5 days is considered to be full time and any additional hours are considered to be overtime?

Regular overtime counts towards holiday but casual / occasional overtime does not. Obviously there is room for debate as to when occasional stops and regular starts!

I can only suggest you read this guidance and then start by politely asking your employer to explain their calculations and reasoning.

https://www.acas.org.uk/checking-holiday-entitlement/calculating-holiday-pay

Also, how much holiday does a full time employee at your firm get? if it is more than the statutory minimum then different rules can apply to the additional days.