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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Holiday Pay Entitlement


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Hi

 

Since April of this year I have been working on average 30 hours or more a week since April of this year. I am trying to work out how much holiday pay I am owed.

 

On my payslip it says I am entitled to 8 days and have used them up. However from doing some online research I understand I am entitled to more. I generally work five days a week but it will be in shifts of on average six hours.

 

Having provided my employer with details of holiday pay entitlement from the direct.gov and CAB websites I've been told that as I am only contracted for eight hours a week I am only entitled to holiday pay on that basis.

 

I am going to ask for a copy of my contract and have also requested for contract to be amended to represent my current working hours. However the employer has said that any change of contract will have to wait until January.

 

I'm posting to ask some advice on what I am entitled to. I understand that I am entitled to 5.6 weeks a year irrelevant of how many hours I am contracted and that holiday pay entitlement should be based on your average hours worked over the last 12 weeks. Is the correct?

 

Thanks for any advice

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I believe it's calculated by days, so if you work 8 hours per day then it's 28 days at 8 hours pay or 3 hours per day then 28 days at 3 hours pay.

 

I know one of the site team is expert on this so will flag it up for her.

 

http://online.businesslink.gov.uk/bdotg/action/logicToolStart?itemId=1079427397&r.l1=1073858787&r.l2=1084822788&r.l3=1084822795&r.l4=1079427399&r.s=sc&type=BLTTOOL

Edited by Conniff
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Hi thanks for the advice I just tried to post a reply but not sure it worked so forgive me forum users if this is posted twice.

 

Having done some basics sums I think I am entitled to 84 hours holiday pay. This is based on 7 minutes for every hour worked.

 

30 hours per week = 210 minutes or 3.5(ish) hours

120 hours per month = 840 minutes or 14 hours

 

On average 30 hours per week for last six months = 84 hours accrued.

 

Is this correct? I am not sure what to base it on as I am essentially a shift worker but work a fairly regular pattern of 12-6 five days a week.

 

Thanks again.

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I understand that I am entitled to 5.6 weeks a year irrelevant of how many hours I am contracted and that holiday pay entitlement should be based on your average hours worked over the last 12 weeks. Is the correct?

[/Quote]

 

Not entirely.

 

You are entitled to 5.6 x your normal contracted working week. Therefore, for a working week of 8 hours (contractual) you will be entitled to just under 45 hours paid holiday.

 

As to whether you should receive more than that base on you working regularly over and above your contracted hours, then much depends on the nature of the hours worked and how they are accounted for. Are the additional hours marked as 'overtime' on your wageslip? Do you receive an enhanced rate of pay for those hours? Are they 'expected' of you, or compulsory in any way? Are the shifts allocated or do you ask for the extra hours? What would happen if you refused to work the shifts that you do?

 

A lot of ifs and buts, but basically only contracted hours are used for holiday calculation unless the overtime is compulsory, or if your contract 'requires' you to work over and above your stated hours and where this is the case, an average of the hours worked over the preceding 12 weeks should be used to calculate entitlement. If the employer were to dig their heels in then beyond raising a grievance the only course of action would be to take action through a Tribunal for a decision based on Custom & Practice. This is the downside to working regular overtime without there being a written understanding as to holiday entitlement, for whilst you might well be able to prove that your working hours are now sufficiently regular as to consider them your 'normal' working time, the employer might decide that the position is sufficiently troublesome as to revert you to a strict 8 hour pattern!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Cheers for the info.

 

To answer the questions:

 

They are not marked as overtime and I don't receive enhanced pay for those hours.

They are 'expected of me' in the sense that I am working those hours on the rota and would be expected to do 30 + hours in a variable shift pattern over the week.

 

The shifts are allocated to me but I also have asked to work extra hours. If I refused to work these hours I would be sacked fairly swiftly.

 

I have a good working relationship with my manager but wages etc are sorted out by the owner. I do not want to leave the job and as it is just a position in a coffee shop I'm not sure raising a grievance etc is worth it.

 

"only contracted hours are used for holiday calculation unless the overtime is compulsory, or if your contract 'requires' you to work over and above your stated hours and where this is the case, an average of the hours worked over the preceding 12 weeks should be used to calculate entitlement"

I think this is the case but I need to see my contract which is now over two years old.

 

Cheers again.

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