Holiday pay inclusive in hourly rate

[RosieL]

I have been working for my employers for over a year now, originally on a fixed term contract and now on a casual/zero hour contract. I work anywhere between 80-110 hours a month and I recently requested holiday pay and was told that my contract stated that my pay was inclusive of holiday and therefore I had already received it. Now on a couple of points, firstly I haven't even signed the casual/zero hour contract, they only recently sent it to me in the post even though I switched over to it back in August 2010. Secondly, in my pay slips my hourly rate has always been expressed as basic pay, there was nothing on any of my pay slips showing a breakdown or even mentioning that it included holiday. And thirdly, on the work contract itself (unsigned) it does not show any kind of breakdown of my pay, it just says inclusive of holiday next to my hourly wage. Can anyone offer me any help on this? Is this lawful?

[wobbly]

Get in touch with ACAS they will advise,not a hundred percent sure but I think its not allowed to pay holiday pay like they are saying.ACAS is free advise.

[wobbly]

Your employer will pay your holiday pay at the same rate as your normal pay. You may get a higher rate of holiday pay if your contract gives you the right to a higher rate.

If you do casual work, or work irregular hours and aren't sure how to work out how much holiday pay you're entitled to, you should contact an experienced adviser, for example, at a Citizens Advice Bureau. For details of your nearest CAB, including those who give advice by e-mail, click on nearest CAB.

Some employers and employment agencies may say that your hourly rate of pay includes an amount for holiday pay, and that they expect you to save this part of your pay to cover your holidays. This is known as 'rolled up' holiday pay. Rolled up holiday pay may be against the law unless your holiday pay is paid on top of your basic pay and it's clear what the amount of rolled up holiday pay is. For example, the amount of rolled up holiday pay should be clearly set out in your payslip.

If you think you are getting rolled up holiday pay, you should contact an experienced adviser, for example, at a Citizens Advice Bureau. For details of your nearest CAB, including those who give advice by e-mail, click on

[LittleMissHappy]

This is called rolled up holiday and they shouldn't do it.

 

Have a read of this....

 

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711