Holiday pay help needed
Discussion
doogz said:
Not everyone does.
Legally, everyone should be paid holiday - it's not lawful for an employer to refuse to pay you for your statutory holiday entitlement.To the OP: Why are you working 60 hour weeks for no more pay? That's crazy.
Step 1 - opt back into the working time regs and work 48 hours. They have to allow you to opt back in by law, and they're not allowed to discriminate based on it. If they kick off, tell them that, if they still kick off you have a solid case at a tribunal.
Some info here: http://www.direct.gov.uk/en/Employment/Employees/T...
Note it states you should get your "normal pay" for your holiday. What constitutes your normal pay will depend on your contract and whatever letter (if any) you received when they changed your hours.
Incidentally are you actually doing 60 hours of work (i.e. excluding breaks), or is that total time at work?
don't see any point in starting a new topic as it is related to holiday pay..
I am a contracted employee, contract states 25 days holiday per year, it was not initially temporary. When I started the company had some random internal ruling that your holiday for the following calendar year must be 'accrued' between july and december of the previous year based on attendance. This has now been scraped to some extent, the wording of 'accruing' holiday over the 6 month period is still in the employee handbook or similar somewhere but you do receive prorata holiday to take based on when you start in the year now.
I started in july so technically due to the rules at that time started with no holiday entitlement, my holiday form stated 0 days holiday available to take in the remainder of that year and I still have a copy of this. Being young & naive at the end of this calendar year (X.Y years service) will have only taken X years holiday entitlement but am now rather narked by the fact this has changed and not been addressed for existing staff and am considering moving elsewhere so ask the following questions.
Is this allowed? Should I be looking to get those 6 months holiday back? Is it not worth it?
(I been with the company less than 5 years)
Reading the direct.gov link posted i'm inclined to think I should push for it but as always would appreciate the opinions of the PH experts
I am a contracted employee, contract states 25 days holiday per year, it was not initially temporary. When I started the company had some random internal ruling that your holiday for the following calendar year must be 'accrued' between july and december of the previous year based on attendance. This has now been scraped to some extent, the wording of 'accruing' holiday over the 6 month period is still in the employee handbook or similar somewhere but you do receive prorata holiday to take based on when you start in the year now.
I started in july so technically due to the rules at that time started with no holiday entitlement, my holiday form stated 0 days holiday available to take in the remainder of that year and I still have a copy of this. Being young & naive at the end of this calendar year (X.Y years service) will have only taken X years holiday entitlement but am now rather narked by the fact this has changed and not been addressed for existing staff and am considering moving elsewhere so ask the following questions.
Is this allowed? Should I be looking to get those 6 months holiday back? Is it not worth it?
(I been with the company less than 5 years)
Reading the direct.gov link posted i'm inclined to think I should push for it but as always would appreciate the opinions of the PH experts
trix-a-belle said:
don't see any point in starting a new topic as it is related to holiday pay..
I am a contracted employee, contract states 25 days holiday per year, it was not initially temporary. When I started the company had some random internal ruling that your holiday for the following calendar year must be 'accrued' between july and december of the previous year based on attendance. This has now been scraped to some extent, the wording of 'accruing' holiday over the 6 month period is still in the employee handbook or similar somewhere but you do receive prorata holiday to take based on when you start in the year now.
I started in july so technically due to the rules at that time started with no holiday entitlement, my holiday form stated 0 days holiday available to take in the remainder of that year and I still have a copy of this. Being young & naive at the end of this calendar year (X.Y years service) will have only taken X years holiday entitlement but am now rather narked by the fact this has changed and not been addressed for existing staff and am considering moving elsewhere so ask the following questions.
Is this allowed? Should I be looking to get those 6 months holiday back? Is it not worth it?
(I been with the company less than 5 years)
Reading the direct.gov link posted i'm inclined to think I should push for it but as always would appreciate the opinions of the PH experts
Holiday pay is a legal requirement, if you've worked for 6 months then you'll have accrued 6 months holiday pay at the governments mandated rate (though the gov rate includes bank holidays). I am a contracted employee, contract states 25 days holiday per year, it was not initially temporary. When I started the company had some random internal ruling that your holiday for the following calendar year must be 'accrued' between july and december of the previous year based on attendance. This has now been scraped to some extent, the wording of 'accruing' holiday over the 6 month period is still in the employee handbook or similar somewhere but you do receive prorata holiday to take based on when you start in the year now.
I started in july so technically due to the rules at that time started with no holiday entitlement, my holiday form stated 0 days holiday available to take in the remainder of that year and I still have a copy of this. Being young & naive at the end of this calendar year (X.Y years service) will have only taken X years holiday entitlement but am now rather narked by the fact this has changed and not been addressed for existing staff and am considering moving elsewhere so ask the following questions.
Is this allowed? Should I be looking to get those 6 months holiday back? Is it not worth it?
(I been with the company less than 5 years)
Reading the direct.gov link posted i'm inclined to think I should push for it but as always would appreciate the opinions of the PH experts
trix-a-belle said:
Cheers slurms that's what I felt, sorry for the delayed reply I've been pursuing it & am feeling like I'm going to get fobbed off 
can anyone confirm the pre 2009 legal entitlement, my understanding 4.8 weeks inc bank hols
There’s no responsibility on your employer to pay ‘bank/public holidays’ but they can only ask you to work them by contract. The legal holiday requirements started with WTD at 2 weeks per year and then increased over the years to 3, then 4 weeks, 24 days (20 plus 4 of the B’Hols) and finally 28 days (20 plus all bank Hol’s), although as stated no legal requirement to actually pay holiday on B'Hol.can anyone confirm the pre 2009 legal entitlement, my understanding 4.8 weeks inc bank hols
I work in the temp' employment sector where people work all sorts of hours, some paid at overtime rates and some at flat rates; however they accrue their 28 days holiday as they work and as such can only take paid holiday when they have accrued it and then when it's taken its paid at basic hours only.
My understanding is; although ‘regular’ overtime can sometimes form part of an employees holiday pay this is rarely the case. Overtime paid at an extra rate or not is usually outside of holiday pay.
Thanks for the response vxr8mate, its not actually anything to do with getting bank holidays or not :?
My delightful HR department seem to think legally they could make me work 18 full months for 12 months holiday allowance when I first started. I accept for the first 6 months I was 'accruing' holiday based on their quirky system but not that they think I don't get pro rata the legal entitlement for those first 6 months.
Luckily it seems our internal admin who issues holiday forms is more on the ball than them & calculates based on when we started service so will get it anyway should I leave, but have to love how HR don't have a clue.
My delightful HR department seem to think legally they could make me work 18 full months for 12 months holiday allowance when I first started. I accept for the first 6 months I was 'accruing' holiday based on their quirky system but not that they think I don't get pro rata the legal entitlement for those first 6 months.
Luckily it seems our internal admin who issues holiday forms is more on the ball than them & calculates based on when we started service so will get it anyway should I leave, but have to love how HR don't have a clue.
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