Feel like I'm going mad- DP's holiday pay

[MamaMoonbeam]

I feel like I'm going mad trying to explain to DP's employers that they can't pay bank holidays at a flat rate when it's part of my DP's statutory annual leave. The other holiday days are calculated using the 52 weeks previous earnings...

MN please can you put my mind at rest - am I right or is DP's employer?

What does his contract say?

You might be better moving this to Employment Matters, lots of people on there with good knowledge of employment related law.

I think they can can’t they? But they have to give him a days leave to take another time?

Thanks @ChessieFL I just posted there too _

so its two rates of holiday pay, one for the annual leave and another lower rate for bank holidays...doesnt sound right

I mean if I earn £15 per hour for the work I did and then for a bank holiday my company paid me £12 for annual leave on a bank holiday this wouldn't be correct as I earn my annual leave pay

Why are you trying to explain to them, has he spoke to HR? What does his contract say?

@ivykaty44 thank you, yes.
So essentially his usual holiday rate would be say, £150 per day but they're saying bank holidays are paid at a flat rate of £90 per day even though they're both part of his statutory annual holiday entitlement

They can pay bank Holidays based on his contracted daily hours/rate but his other annual leave days including any overtime in the average hours calculation yes.

@QforCucumber

They can pay bank Holidays based on his contracted daily hours/rate but his other annual leave days including any overtime in the average hours calculation yes.

Why is this the case when they're part of his statutory leave and he ends up getting paid less on bank holidays?

Because they are paid at his agreed day rate, normal working hours.
Its not a normal working day so he's not missing out on overtime.
His own annual leave is allowed to be paid based on an average working day - so they'll take into account optional overtime he worked over previous weeks (most workplaces use 12 week average not 52 mind)

If the bank holidays are part of his statutory annual leave, ie part of the minimum 28 days if full time, you are correct. Case law Lock vs British Gas etc.

@QforCucumber

Because they are paid at his agreed day rate, normal working hours. Its not a normal working day so he's not missing out on overtime. His own annual leave is allowed to be paid based on an average working day - so they'll take into account optional overtime he worked over previous weeks (most workplaces use 12 week average not 52 mind)

He works, on average, between 10 - 20 hours per week over his 'normal' work hours. This is because he needs to drive to and from site and the vehicle didn't go more than 40mph. He never works a 'basic' week - surely that needs to be taken in to account?

Why are you speaking to his employer and not him?

www.unison.org.uk/content/uploads/2015/03/TowebLockCaseJudgement.pdf from pp lock v British Gas

page 7 seems to cover how annual leave calculations are supposed to be paid

Hi OP I’ve posted on your other thread www.mumsnet.com/Talk/employment_issues/4234917-Feel-like-Im-going-mad-DPs-holiday-pay

Thanks @ivykaty44
And thanks @Margaritatime 😊