Should I be getting average holiday pay rather than just 8 hours when I have time off??
Been working for the same agency and same company now for nearly 5 months, in that time I’ve had 3 days off holiday (paid PAYE) I thought it was now a requirement to pay you an average pay rather than a minimum. I get 8 hours minimum per day (40/week) but I’m doing on average 47 hours/week (9.4/day). Latest pay slip does state my holiday, but at 8.07/day. Not anything major but off on hol for 8 (working days) shortly and that will add up to a fair amount.
Been on the .gov web site and does seem to back up what I’m thinking BUT it also states weeks holiday so possible that it’s not averaged unless you take an entire week off.
Will speak to agency on Mon but thought I’d try to get my facts right first
Hi Dave,
My advice to you would be to phone acas, these people are there to help you with problems like these, its free advice and whatever they say will be correct in law, 03001231100. the trouble with advice on forums is its not always correct, for example I am aware that in some cases, the situation with holiday pay is to pay an average of the last 12 weeks worked, but your contract may stipulate something different.
good luck martin.
DaveB68:
Been working for the same agency and same company now for nearly 5 months, in that time I’ve had 3 days off holiday (paid PAYE) I thought it was now a requirement to pay you an average pay rather than a minimum. I get 8 hours minimum per day (40/week) but I’m doing on average 47 hours/week (9.4/day). Latest pay slip does state my holiday, but at 8.07/day. Not anything major but off on hol for 8 (working days) shortly and that will add up to a fair amount.
Statutory holiday pay does not have to include overtime, just basic hours. It is 12.07% of the basic hours you work. So for every 100hrs you work you get 12.07hrs holiday pay.
The only people who can have their holiday pay calculated now using the 12 week method are shift workers.
Should I be getting average holiday pay rather than just 8 hours when I have time off??
Been working for the same agency and same company now for nearly 5 months, in that time I’ve had 3 days off holiday (paid PAYE) I thought it was now a requirement to pay you an average pay rather than a minimum. I get 8 hours minimum per day (40/week) but I’m doing on average 47 hours/week (9.4/day). Latest pay slip does state my holiday, but at 8.07/day. Not anything major but off on hol for 8 (working days) shortly and that will add up to a fair amount.
Been on the .gov web site and does seem to back up what I’m thinking BUT it also states weeks holiday so possible that it’s not averaged unless you take an entire week off.
Will speak to agency on Mon but thought I’d try to get my facts right first
Cheers
Dave
He will be looking for extra in his Christmas wage packet next== welcome to the agency world.
Martin, I think I may give ACAS a ring. Spoke to them regarding redundancy last year and they were very helpful.
1968, that is where the info is from actually (copied below) As I don’t work fixed hours, they are pretty consistent but I’m not guaranteed work (just guaranteed 8 hours if I do work) I’d say that’s the number 3 is closest.
1.**Fixed hours and fixed pay (part time or full time) ** A week’s holiday pay equals how much a worker gets for a week’s work
**2.Shift work with fixed hours (part time or full time) ** A week’s holiday pay equals the average number of weekly fixed hours a worker worked in the previous 12 weeks at their average hourly rate
**3.No fixed hours (ie casual work) ** A week’s holiday pay is the average pay a worker got over the previous 12 weeks (in which they were paid)
Conor, I don’t get overtime (flat rate regardless of hours) of which I average 47ish / week. I’m not on a 40 hour a week contract, it’s job and finish. I’d did get an average in a previous job although it wasn’t driving and was shift work therefore not quite sure hence asking the Q’s
