Holiday pay....is it true?...

pandas66

Try to get a contract out of him.
Enjoy your hols, hope the weathers good for you

Savvy_Sue

shellnsteve wrote:

That when an employer pays holiday pay, they look at the average amount of hours worked within the last 3 months (before taking the holiday) to work out a total to pay?

Yes. From one of the relevant pages of the ACAS website,
Workers with no normal working hours

- If a worker has no normal working hours then a week's pay is the average pay received over the preceding 12 weeks. Any week for which no pay was due should be replaced by the last previous week for which pay was due.

And if you do have normal working hours, you should be paid what you normally get. So your boss is stuffed either way.

Good luck!

shellsuit

Thanks for that Sue!

I'll mull it over and if I only get the 16hrs X 2 in my wages on Friday, I'll take it up with him when I get back from my holiday as I need to leave as soon as I finish to make sure we are all sorted for Saturday morning.

So long as I know there is something he should be doing, I can point him to the relevant facts to back me up

Suewre

shellnsteve wrote:

4 weeks paid holiday we get (1 week for every 12 weeks worked).

I don't work on a Monday so I have nothing to do with the bank holiday days off.

The others that work there on a Monday get the Bank Hols off as well as their 4 weeks a year.

You should still get time off for bank holidays. There are (I think) 8 bank holidays in a year. When I was working part time, head office worked it out like this.

I worked 20 hours a week over 4 days
Averaged out over a 5 day week this would be 4 hours a day.

I was therefore entitled to 4 (hours) x 8 (bank holidays) a year = 32 hours a year. If a bank holiday fell on a day I was working, I had to use 1 hour from my annual leave. If it fell on my day off, I had 4 hours extra leave that I could use.

This was the company policy, and I think it makes it fair for people who work just Mondays, and for people who work Tues to Fri.

Savvy_Sue

Suewre wrote:

This was the company policy, and I think it makes it fair for people who work just Mondays, and for people who work Tues to Fri.

But that's not what HAS to happen, and some companies don't work it out fairly. Sad but true.

chugalug

It probably doesnt help in your case but the Bank Holiday thing is how its supposed to work. Thats because part timers would lose out on holiday if they never worked Mondays and because the majority of part timers are women it was held to be discriminatory not to take BH into account when working out leave entitlement. This could work both ways though because if an employer wanted to they could include the 8 BH in your 4 week legal entitlement to paid holiday (does that make sense??) Sounds like you'd have a fight on your hands if you tried to force his hand though! BTW it's against the law not to give you a written contract after 8 weeks of employment. Still, its one thing knowing your rights but quite another enforcing them in the real world eh. Enjoy your hols!!

hex2

I am a HR Manager and can clarify a few points. In the absence of anything in writing your holiday entitlement is set out in statutory law - working time regulations. This says that every employee is entitled to the equivelant of four weeks holiday per year. it is illegal to have a waiting period before you start to earn holiday entitlement so stopping the week in your first three months is automatically unfair at tribunal.
There are misconceptions about part timers and bank holidays etc - the only legal requirement is that you receive the equivelant of four weeks holiday. Paying bank holidays on top of this is optional unless your statement of terms and conditions state otherwise. He is actually going above the legal minimum on this. The only argument is that under the part time workers regulations you have to receive a pro rata to what the full time people get - so if they get 28 including the bank holidays then you get the percentage of full time hours you work regardless of what days you actually work. So if you work 2 days per week you get 12 days holiday per year including payment towards bank holidays.
Contract is another grey area. The legal requirement is that you have a written statement showing your main terms and conditions within two months of starting your job. This is an automatic (think £200?) fine at tribunal if he doesnt provide it. In the absence of this bit of paper then what you actually do and get on a regular basis becomes your implied terms and conditions. ie what you actually do counts for more than a bit of paper. Do you have set hours? Are the extra 8 hours your boss asking you to cover extra work or do you now always work those days? If they are overtime (agreed each week) then they are not part of your basic contracted hours, if you do same ones every week then they have become part of your hours and you should get them as holiday pay.
For more info see https://www.acas.org.uk. if you ring them I guess they will say pretty much as follows:
At the end of the day what can you do? Depends how much you want to keep your job I guess. If you are feeling militant you can stay in your job and go through tribunal route to recover lost holiday pay. You could put your claim in writing - refer to the part time workers regulations, minimum wage and working time regulations and scare him a bit. Put it in writing what you believe your contracted hours are, and ask him for a written statement of terms and conditions. Do you think it is ignorance rather than deliberate? Employment law is hell for small businesses.

Hope this helps - Good luck when you talk to him.

Tongue

Well shell you can afford to go to Menorca so the wages issue shouldn't be a problem here should it?