Surprisingly, I got mine around that time also.

Not 100% but I raised this with edf customer service and was told to allow 40 days for a resolution before I could speak to Ofgem. I am still no nearer getting credit returned despite EDF stating today 28th February, only to tell me that date is now 28th March. I don't believe they ever intend to return the credit and are using it as a source of revenue i.e interest earned from customers credit. I believe they stall until the credit is then eaten up by the customers next bill which is completely against Ofgem guidance/ regulations.

I am getting nowhere with EDF with regards to refund of credit. I have had a final bill from Zog and been an active new customer from the 4th of December. EDF response is when credit is returned I may apply for the refund but will not give any idea as to when this will happen.

Emmzzi, Point taken, likewise I can't make it any clearer the clause you mention is irrelevant in that even assuming it was then the average weekly hours you speak of would be 48 hours.

Emmzzi As I see it my handbook says I get 7 weeks or 28 days based on a 4 day week, there is no mention of statutory holiday leave (5.6 weeks per year) or this leave being pro rata or based on a 5 day working week.I get 28 days holiday at 9.6 hrs. with regard to what the handbook says this, is what applies to my shift/work pattern, I work 12 hours each and every shift/day. "Where your normal hours are fixed, your holiday pay will be based on your normal weekly hours." There are 2 issues involved, this annual weekly holiday entitlement and also the legality of paying an employee a reduced hourly/daily/weekly rate of holiday pay regardless of this annual holiday entitlement.

That's the point I have been making from the start, but the problem is my handbook/contract state that I have 28 days leave, because of this they have a conflict and cannot/will not pay me 22.4 days @ 12 hours and instead pay me for 28 days at a reduced rate of 9.6 hrs which equals the same. This is their way of avoiding paying 28 days @12 hrs as the handbook/contract state as this means paying me for 7 weeks annual leave instead of 5.6 weeks, hence the dispute. A lot of the posts made so far seem to suggest that that someone on 5 days per week for 48 hrs will be paid 5 days holiday leave at 48 hours, yet someone on 4 days per week for 48 hours will be paid 38.4 hours per 4 days holiday leave. Again this appears to go against The Employment Rights Act 1996 221 (2)Subject to section 222, if the employee’s remuneration for employment in normal working hours (whether by the hour or week or other period) does not vary with the amount of work done in the period, the amount of a week’s pay is the amount which is payable by the employer under the contract of employment in force on the calculation date if the employee works throughout his normal working hours in a week.

becky2585 you say if I take a week that I'll receive 48 hours of pay, but my point is I don't, a week's work for me is 4 working days (48 hours) and my employer is paying 38.4 hrs weekly. 5 days for me would be one week and one day.

I am considering it but I am looking for advice and opinion hence the forum so far the answers given have not clearly convinced me about specific points, like a weeks holiday equalling a weeks pay I had thought this phrase was indisputable but clearly you do, again thanks for giving me your points to consider.

My employer is paying this statutory minimum spread over 28 days at a reduced hourly rate and my grievance is that the handbook states 28 days or 7 weeks

CrappoMan, that's how I see it but so do acas and the Employment Rights Act 1996 all use the same phrase (a weeks holiday pay should be the same as a weeks work pay, the confusion seems to be the assumption of the statutory minimum leave entitlement of 5.6 weeks, my argument is that my employer rightly or wrongly states that I am entitled to 28 days per year and on a 4 day shift pattern this equals 7 weeks leave (see earlier handbook holiday post)

If I worked 5 days on my 48 hours this would equate to 9.6 hours work daily and would be fine, my point is I work 12 hours daily. In short I believe my daily/weekly holiday pay should be the same still confused as if I take a weeks leave I would be paid 38.4 hours and I work 48 hours weekly.

Thanks for the input.

Emmzzi, here is a word for word copy of my employee handbook details regarding holidays. Holidays The holiday year runs from 1 January to 31 December. From 1 st April 2009 your annual leave entitlement will increase to 28 days and your entitlement will accrue at 2.33 days per month. Holiday pay will be calculated with reference to average pay and average hours worked over the previous 12 weeks. Where your normal hours are fixed, your holiday pay will be based on your normal weekly hours. Where your normal hours are variable, the average number of hours worked (up to 11.2 hours per day or 56 hours per week) will be multiplied by the average rate of pay over that period. For part timers holiday pay will accrue at 2.33 days per month on the basis of the average daily hours worked over the previous 12 week period. You may not carry any unused entitlement forward to a subsequent holiday year. All holiday accrued and not taken by 31st December will be forfeited.

I forgot to say there is no mention of pro rata either.

Im not able to give an exact copy just now because I am not home. I can paraphrase from April 2009 you will be entitled to 28 days a year accruing at 2.33 days a month this will be paid based on your fixed weekly hours. There is no mention of a 5 day week or minimum statutory entitlement, I will post word for word tomorrow.