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.

I don't seem to have made my point clear, if we forget the statutory entitlement and cover the ERA 1996 it clearly states that leave is based on weekly pay and my weekly pay is 48 hours,because my employee handbook makes no mention of statutory minimum leave entitlement but simply states I am entitled to 28 days a year I believe this can only be paid at either 12 hours daily or 48 hours weekly to comply with The Employment Rights Act 1996 section 221- 224

Emmzzi, your points assume statutory minimum entitlement my first post stated 28 days leave a year and my handbook does not state statutory holiday entitlement therefore the specifics on how daily or weekly pay is calculated is different from the points you make.

Crampon I agree with your argument, as my earlier post said paying 9.6 per holiday = 38.4 hours weekly and I work 48 hours weekly.

I believe my employer cannot pay me 9.6 hrs according to ERA 1996 and this could only be paid at 22.4 days at 12 hours.

Thanks for the reply, so are you saying that this only applies to a 5 day week work pattern.

I understand the 22.4 figure but this would be based on the statutory minimum but my hand book does not state only statutory minimum, also my point is that according to he employments rights act 1996 sections 221 - 224 my understanding is that holiday pay must be paid at the same rate of pay as work pay, 221 (2) 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. To me this means my employer must pay me either 48 for a week's holiday as this is a week's pay or 12 hours a day because this would be a day's pay and my employer is only paying me 9.6 hours a day or 38.4 hours per week.

I am in dispute with my employer regarding the amount paid for annual leave, I work a fixed 4 x 12hour shift each week, 48 hours in total. My hand book states that I am entitled to 28 days leave a year. My employer is paying me 9.6 hours per holiday and I believe I should be paid 12 hours per holiday, based on the employments rights act 1996 sections 221 - 224 can anyone advise me on this.

Antone, the dea applies to the welfare reform act 2012 in that it now allows the dwp to apply a dea without the need for a court order, previous legislation covering i.s. Would have required a court order for the arrestment of wages, this does not.

I have requested the details, i am looking to dispute the legality of the dea in that it does not include income support in the list of benefits in the welfare reform act 2012 that allows the dea.

I have been informed by the DWP that they are thinking of a DEA for overpayment of Income support from 1992. I had replied to this some time ago stating statute barred etc. I know that the DWP cannot take me to court because of this and also that they can recover from future benefits. My question is this, a DEA according to the Welfare Reform Act 2012 lists specific benefits to which it applies namely universal credit, jobseekers allowance, employment and support allowance, and except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit A) The recovery they seek is for Income support which is not listed, can they still apply the DEA as I believe they can't.