Holiday pay query

hammers1970

Hi

I really need some advice on the following issue before I go to my manager about my holiday pay.

I’ve been working for this employee for 2 years and am on a zero hours contract, although I am on 37.5 hours a week. I totally get that you have to accrue your holiday entitlement, but surely they can’t adjust your rate. Over the last year I have had sometime off sick and don’t always stay for 7.5 hours.

Obviously I know it takes me longer to accrue holiday, but once I accrue enough hours and take holiday, why is it:

Q1. I never get 7.5 hours of holiday pay?

Q2. My holiday rate is different from my normal rate? My holiday rate has been the same since I started, yet I have had 3 pay increases on my normal rate.

Any help would be greatly appreciated.

DiaryofanotherSaver

You should accrue holiday pay at a rate of 12.07% of the hours your work. (This is the statutory minimum, it can be more but it can't be less).
The pay should equate to what you usually get pad, so if you normally get paid £15.00 per hour, your holiday pay should be £15.00 per hour. 
If you work different shifts / rates etc then it should be what a usual week would look like for you. 
There is a lot of really good information on the ACAS website 
https://www.acas.org.uk/irregular-hours-and-part-year-workers/calculating-holiday-pay
I hope that helps.

hammers1970

Thank you.

I work the same shift same rate, but because of my health I don’t always finish a full shift.

So because I work the same shift, my holiday rate should be the same? With regards to the hours I get for holiday would that be an average of the hours I work or should it be 7.5 hours?

The end of the day it takes me longer to accrue 7.5 hours, but when I do accrue enough surely I should get 7.5hrs.

My holiday rate is £3.43 less than my normal rate.

The hours I get for 1 days holiday is anything from 6hrs 20mins to 7hrs.

That just doesn’t seem right to me, admittedly it takes me longer to accrue holiday which I understand but once accrued it should be 7.5hrs at my normal rate.

hammers1970

I’ve been looking through ACAS and the government website and there is a difference if you are paid salary or hourly.

So if my holiday is accrued for hours I work,  should my holiday hourly rate be worked out by, the last 52 weeks of:

Weekly pay ÷ hours worked = average hourly pay 

Savvy_Sue

I agree a day's pay should be consistent for holiday purposes, except where they are simply averaging your previous hours worked, BUT ... 

Is that 7.5 hours a full 7.5 hours, or does it include a half hour lunch break? 

hammers1970

Thank you for your post, it’s 8hrs - 0.5hrs lunch break. It just doesn’t seem right to me.

1. Last year I accrued 14 days holiday, I totally understand that, I was seriously ill last year and it’s been a long road back, so I was off sick for 10 weeks, plus I can’t always finish a full shift, but then that is reflected in the amount of holiday hours I accrued.

2. They should be working out my holiday hourly rate by:    

Weekly pay ÷ hours worked = average hourly pay.

All in all, I get hit with less holidays, lower rate and less hours for a days holiday.

Basically they’re hitting me with 3 lots of deductions, that just isn’t right.  

Savvy_Sue

You are entitled to holiday on any periods of sick pay - it continues to accrue ... 

hammers1970

They said I do not accrue any holiday entitlement when on sick

penners324

Sounds like a payroll error with the rate of pay for holiday 

General_Grant

Savvy_Sue said:

You are entitled to holiday on any periods of sick pay - it continues to accrue ... 

This may be complicated by the zero hours nature of the contract.

Has @hammers1970 received statutory sick pay?

sheramber

https://www.gov.uk/government/publications/simplifying-holiday-entitlement-and-holiday-pay-calculations/holiday-pay-and-entitlement-reforms-from-1-january-2024#:~:text=For%20leave%20years%20beginning%20on,worked%20in%20a%20pay%20period.

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