Holiday pay calculation

downhillian

My wife recently returned to working part-time for the first time since covid. She started work on the 1st May 2024. The firm's holiday entitlement period begins on 1st Jan. In the year ending March 31st she had worked 234 hours and 25 mins. She has no contract of employment. Can anyone please advise how I calculate her statutory holiday entitlement for the period?

Savvy_Sue

What is a FTE person entitled to? If it's no more than statutory, multiply by 12.07%.

p00hsticks

if the holiday year maps the calendar one, you need to know how many hours she worked up to 31st December ?

She DOES have a contract of employment, it just may not be written a written one. The fact that she turns up for work (presumably for an expected number of hours /days) and her employer then pays her in return is de facto evidence of a contract existing between the two parties. 

How many hours does she work ? is it the same number every day / week ?

General_Grant

downhillian said:

My wife recently returned to working part-time for the first time since covid. She started work on the 1st May 2024. The firm's holiday entitlement period begins on 1st Jan. In the year ending March 31st she had worked 234 hours and 25 mins. She has no contract of employment. Can anyone please advise how I calculate her statutory holiday entitlement for the period?

What do you mean by "no contract of employment"?  She should have received written particulars of employment but that doesn't mean it had to be a document she or they signed.

Given you know the employer's holiday year is the a calendar year, that suggests your wife does have some written particulars of employment as holiday entitlement is one of the areas to be covered.  However, if there really is no written information, why are you looking at the year ending 31 March rather than 31 December 2024 or 30 April 2025?  In the absence of a notified holiday year, the year for your wife would run from 1 May to 30 April.

If you want to use the percentage basis, you could use 12.069% (the percentage which one of my former employers used and which is acceptable even though 12.07% is very common).  And if any rounding is done with the answer to the calculation it has to be upwards and not down.

sheramber

If the leave year starts 1 January  then she a holiday allocation from 1 May to 31 December, 24, based on how many hours she worked. 

If she has not taken holidays during this time she may have lost them, unless her employer allows carry forward of unused holidays. 

Her new leave year starts on 1 Jan 2025. For the period from 1Jan to 31 March 25 her holiday allocation will  depend on how many hours she has worked between these dates. 

Undervalued

General_Grant said:

downhillian said:

My wife recently returned to working part-time for the first time since covid. She started work on the 1st May 2024. The firm's holiday entitlement period begins on 1st Jan. In the year ending March 31st she had worked 234 hours and 25 mins. She has no contract of employment. Can anyone please advise how I calculate her statutory holiday entitlement for the period?

What do you mean by "no contract of employment"?  She should have received written particulars of employment but that doesn't mean it had to be a document she or they signed.

Given you know the employer's holiday year is the a calendar year, that suggests your wife does have some written particulars of employment as holiday entitlement is one of the areas to be covered.  However, if there really is no written information, why are you looking at the year ending 31 March rather than 31 December 2024 or 30 April 2025?  In the absence of a notified holiday year, the year for your wife would run from 1 May to 30 April.

If you want to use the percentage basis, you could use 12.069% (the percentage which one of my former employers used and which is acceptable even though 12.07% is very common).  And if any rounding is done with the answer to the calculation it has to be upwards and not down.

Should have done, yes. However it frequently doesn't happen and there is normally no practical / useful redress. However,  even then a "contract" still exists.....

General_Grant

Undervalued said:

General_Grant said:

downhillian said:

My wife recently returned to working part-time for the first time since covid. She started work on the 1st May 2024. The firm's holiday entitlement period begins on 1st Jan. In the year ending March 31st she had worked 234 hours and 25 mins. She has no contract of employment. Can anyone please advise how I calculate her statutory holiday entitlement for the period?

What do you mean by "no contract of employment"?  She should have received written particulars of employment but that doesn't mean it had to be a document she or they signed.

Given you know the employer's holiday year is the a calendar year, that suggests your wife does have some written particulars of employment as holiday entitlement is one of the areas to be covered.  However, if there really is no written information, why are you looking at the year ending 31 March rather than 31 December 2024 or 30 April 2025?  In the absence of a notified holiday year, the year for your wife would run from 1 May to 30 April.

If you want to use the percentage basis, you could use 12.069% (the percentage which one of my former employers used and which is acceptable even though 12.07% is very common).  And if any rounding is done with the answer to the calculation it has to be upwards and not down.

Should have done, yes. However it frequently doesn't happen and there is normally no practical / useful redress. However,  even then a "contract" still exists.....

My question about "no contract" was to try to establish whether the OP thought that a contract was something which had to be signed whereas, as pointed out before, the contract is established anyway by having turned up for work and having been paid.  May comment was not about redress in case of failure to provide the statutorily required written particulars.  (That failure would need to be added to a claim for some other wrong.)

Brie

General_Grant said:

Given you know the employer's holiday year is the a calendar year, that suggests your wife does have some written particulars of employment as holiday entitlement is one of the areas to be covered.  However, if there really is no written information, why are you looking at the year ending 31 March rather than 31 December 2024 or 30 April 2025?  In the absence of a notified holiday year, the year for your wife would run from 1 May to 30 April.

Why 1 May to 30 April?  I've never seen any employer use that period.  It's always been the calendar year or 1 April to 31 March.  

EnPointe

Brie said:

General_Grant said:

Given you know the employer's holiday year is the a calendar year, that suggests your wife does have some written particulars of employment as holiday entitlement is one of the areas to be covered.  However, if there really is no written information, why are you looking at the year ending 31 March rather than 31 December 2024 or 30 April 2025?  In the absence of a notified holiday year, the year for your wife would run from 1 May to 30 April.

Why 1 May to 30 April?  I've never seen any employer use that period.  It's always been the calendar year or 1 April to 31 March.  

one of  DSG  or Carphone Warehouse used a  1st may to 30th april  busines financial year  and therefor leave  year, this carried over i nthe ithe integrated 'dixons Carphoine  , now Currys PLC  business  , none mangerial grades  employed by GXO on the Currys contracts have this leave year as it suits a retail support focused  business unit and  it was  part of the TUPE  of existing  Currys Staff 

Savvy_Sue

Brie said:

General_Grant said:

Given you know the employer's holiday year is the a calendar year, that suggests your wife does have some written particulars of employment as holiday entitlement is one of the areas to be covered.  However, if there really is no written information, why are you looking at the year ending 31 March rather than 31 December 2024 or 30 April 2025?  In the absence of a notified holiday year, the year for your wife would run from 1 May to 30 April.

Why 1 May to 30 April?  I've never seen any employer use that period.  It's always been the calendar year or 1 April to 31 March.  

We used 1st May for both financial year and holiday year: initially we were on calendar year for holidays, but when we were required to include "leave accrued but not taken" as a liability within our accounts, the only sane thing to do was align the two. 

1st April start for leave year is problematic because Easter sometimes falls in March and sometimes in April, can get confusing. 

General_Grant

Brie said:

General_Grant said:

Given you know the employer's holiday year is the a calendar year, that suggests your wife does have some written particulars of employment as holiday entitlement is one of the areas to be covered.  However, if there really is no written information, why are you looking at the year ending 31 March rather than 31 December 2024 or 30 April 2025?  In the absence of a notified holiday year, the year for your wife would run from 1 May to 30 April.

Why 1 May to 30 April?  I've never seen any employer use that period.  It's always been the calendar year or 1 April to 31 March.  

From the regulations, if not notified otherwise the holiday year runs from the first day of employment.  So, having begun work on 1 May the OP's wife's leave year would run May to April.