Holiday pay

[matchmaker]

As well as my full time job, I worked as a cleaner on Saturdays as well for another company. I left recently, having been unable to take more than 2 days off since January 2012 (not my choice - just how things worked out).

I have now been paid my outstanding holiday pay of, according to the company, 4 days. They work this out as 28 days pro-rata = 4 days holiday per complete year for someone who works one day per week.

As far as I can see I am actually owed 6.4 days, as the minimum legal amount of holiday is 5.6 days.

Am I missing something in my calculations?

[vxr8mate]

Not sure how you arrived at the figure you are owed unless you are carrying over unused leave from a previous year, but you are right about the minimum:

28 days per year (based on a 5 day week), so 28 divided by the one day a week you worked is 5.6.

Have you taken time off for any reason allowing them to discount some weeks?

[stevenjhepburn]

If the holiday year is Jan-Dec and holidays do not carry forward then this year you have accrued 3.3 days holiday for Jan-July. That is presuming you haven't taken a holiday in this holiday year. Round that up to 4 and I would agree with the company if my assumptions are correct.

[matchmaker]

stevenjhepburn said:

If the holiday year is Jan-Dec and holidays do not carry forward then this year you have accrued 3.3 days holiday for Jan-July. That is presuming you haven't taken a holiday in this holiday year. Round that up to 4 and I would agree with the company if my assumptions are correct.

I said:

I left recently, having been unable to take more than 2 days off since January 2012 (not my choice - just how things worked out).

[ReallyReallyGood]

Did they subtract 8 days from the 28 minimum which is usually attributed to bank-holidays?
So, 20 days non-bank holiday holidays, a fifth of which is 4.

[stevenjhepburn]

matchmaker said:

stevenjhepburn said:

If the holiday year is Jan-Dec and holidays do not carry forward then this year you have accrued 3.3 days holiday for Jan-July. That is presuming you haven't taken a holiday in this holiday year. Round that up to 4 and I would agree with the company if my assumptions are correct.

I said:

I left recently, having been unable to take more than 2 days off since January 2012 (not my choice - just how things worked out).

Does your contract say that holidays carry forward or that they are lost if not used? If they are not carried forward then how many you took in 2012 is irrelevant.

[matchmaker]

stevenjhepburn said:

matchmaker said:

stevenjhepburn said:

If the holiday year is Jan-Dec and holidays do not carry forward then this year you have accrued 3.3 days holiday for Jan-July. That is presuming you haven't taken a holiday in this holiday year. Round that up to 4 and I would agree with the company if my assumptions are correct.

I said:

I left recently, having been unable to take more than 2 days off since January 2012 (not my choice - just how things worked out).

Does your contract say that holidays carry forward or that they are lost if not used? If they are not carried forward then how many you took in 2012 is irrelevant.

It was agreed that (for various reasons) that my holidays for 2012 would be carried forward to 2013.

Anyway, the company claims that ALL part-time employees working 1 day per week are entitled to 4 days paid holiday per year (28 days divided by 7)

[anonymous-user]

That would only be the case if full time employees work a 7 day week.

[mph1977]

the alternative and easiest way to calculate anything to do with leave is to do it in hours ...

for casual / agency type scenarios and assuming a 20 +8 leave entitlement it's one hour of leave for each 9 and a bit hours worked