Holiday pay

[tequilasunset]

I started a thread a few days ago about my boss not paying holiday pay correctly.

After the advice given, I went to him with my calculations and he told me that he would speak to his accountant and get back to me - he then offered me £500 gross. Obviously I refused this and asked for my holiday pay to be calculated properly.

He is now saying that I am entitled to 7 pence per hour I've worked and that he will pay this upto today, but going forward, this amount will be added to my wages every week, as it is easier for him this way.

This means that he will be paying me approximately £90 in holiday pay since April and then I will get 7 pence extra per hour every week to pay holiday pay as it is earnt!

This is absolute rubbish, isn't it?!

How can I have earnt only £90 in holiday pay after working more than 1,300 hours?

Is he actually allowed to just pay me 7p more an hour to supposedly cover holiday pay?

DH has a zero hours contract and gets paid "extra" for every hour that he works rather than actual paid holidays but it is a lot more than 7p an hour! He's not here for me to ask but Google suggests that it should be 12.07% as a statutory minimum in the UK so unless your hourly rate is 58p then your boss is chancing his arm. (And if your hourly rate is 58p then he is still chancing his arm!)

You're entitled to 28 days off pa and there are (usually) 260 working days in a year. So your holiday pay should be 28/260 x pay due for the hours you've worked, less any pay you've received for bank holidays not worked.

I don't have a calculator handy, but it's over 10% of hourly pay, so even on min wage, that's getting on for 80p an hour. That must be getting on for £1,000 if you've worked 1,300 hours and not had any paid time off.

DP is a payroll manager and will be home shortly, so if you're ok about disclosing your hourly rate of pay, and how many paid hours you've had off for any public holidays, I'll ask him to work out how much you're owed in holiday pay.

You're entitled to at least 12.07% of your hourly rate as holiday pay - 5.6 weeks pay per year (incl bank holidays).

@LakieLady Thank you so much! I would be very grateful if you would ask your DP - I just want to get a clear idea before I go back to my boss.

I'm on minimum wage - £7.83 per hour. So far I have worked 1,372 hours.

The holiday period runs from April - April and I started 1st April this year, so I've been there for 9 months.

I've received 16 hours of holiday pay so far. And I've worked all the bank holidays whilst there.

@bookgirl1982 so definitely more than 7p an hour

My boss uses an accountant for the payroll so I have no idea how he can get away without paying holiday pay properly!

Just to confirm what others have said above, if for whatever reason you don't get your normal 5.6 weeks off work, paid then the rolled up amount should be 12.07% of your hourly rate added on per hour. So your boss is having a giraffe.

Yup, utter bollocks re 7p

We have irregular hour workers, and calculate their allowance at the 12.07% of hours worked as others have said.

If my holiday pay is included in my hourly rate, am I right in thinking that I am still entitled to take holiday days off work, but that they would be unpaid?

Yes, any absence would then be unpaid. You should get 8.78 inc holiday pay.

What a greedy bastard. 😡 my boss once suggested I take extra courses to improve my knowledge and pay. So I signed up for uni AGAIN. Payed £3,000 for this stupid course she suggested. When I went back finished(lost out on days at work.) the bitch had the nerve to give me a 22 pent raise!!! A day can you believe that
Greedy greedy people

Until recently, I worked for the NHS as an admin bank/agency worker. I received a basic hourly rate of £8.50(ish), then every three months, I received a 'bonus' of 12% of what I'd earned in the previous three months. I believe this is standard, hopefully it's a legal requirement?

Using this is a model, you should receive the best part of £1300!! Taxable, of course.

I'm on zero hours, get 12.07% of hours worked as holiday pay, we get it every 3 months

It makes me so angry that some employers think they can get away with things like this!

My boss has also asked that I don't discuss this with any of the other staff, so I can only assume that he hasn't been and has no intention of, paying them the correct holiday pay

Your boss sounds extremely unpleasant. Is it his own business?

It's his family business.

I'm no expert but I'm pretty sure if someone is breaking the law in this regard they can be reported. Not sure who to.

Very tempting to get the money you're owed, ideally written into your contract too, then tell everyone else. I think it would be very unfair to take the payout yourself and keep quiet, though if you need the job and can't easily get another I can see why you might be tempted.

Boss should really be reported. I imagine he could either face a hefty fine or even prison depending how long he's been doing this

This is where to complain.

www.gov.uk/government/publications/pay-and-work-rights-complaints

As an accountant I do several payrolls and often don’t know when someone’s employee has holiday. It is usually the employer’s responsibility to say how many hours to pay, I don’t know if they are holiday or actual hours worked in most cases. I do point out the obligations but it is down to the employer to comply not me.

HMRC investigate and one of my client’s employers was investigated for not paying minimum wage (I didn’t do that payroll!!) and all the employees were written to.

If you work FT you are entitled to 28 days annual leave at full pay. That's 20 days to take of your own accord and the 8 UK bank holidays. Use this calculator to work out how much - www.gov.uk/calculate-your-holiday-entitlement.

It seems to me that he is purposefully trying to confuse and cheat you out of what you are legally entitled to.

Yes, if the money is included in your hourly wage, you will essentially have to save it if you want money whilst you are off.

Check your employment contract - specifically what holiday you are entitled to, how it is accrued and how it is to be paid to you Do you consider yourself as employed or self-employed? Also check your contract for that.