I don't think I'm being paid holidays correctly

[LittleMissMe99]

Worked here 6 years. Contracted hours is 19.

Up to October last year I worked 19 hours a week. My hours were then increased to around 30. But there were some weeks I did less (as in 25 hours minimum)

This financial year I have worked no less than 29 hours a week. On average it's between 29 and 33. However, my employer says my yearly entitlment of hours is 117.6. Over 5.2 weeks this works out as 22 hours per week.

I spoke briefly with my manager and he agreed this wasn't fair that I'm losing money being on holiday. So he's put 28 hours down as holiday. However, I notice on the automated system that the "extra" hours (6 hours) are taken off my TOTAL yearly entitlement. So when I book my last week off (of the 5 I'm entitled too) I'll have no hours left.

I think I've probably over complicated it there, but I hope you understand! Does it sound right to you? At what point does my holiday hours reflect my working hours?

Total entitlment 117.6 hours
Taken 86 hours (over 3 weeks)

I have two weeks hols left but only 30 hours odd

I would ask them for a calculation of your holiday entitlement including what figures have been used to calculate this.

How are you working over your contracted hours by so much - isn't that classed as overtime and paid accordingly? Or are you a shift worker regularly given additional shifts? What does your contract say? If you're regularly working 30 hours a week can you contract be updated to reflect that?

This link may help:

www.gov.uk/government/publications/calculating-holiday-entitlement-for-workers/how-to-calculate-holiday-entitlement-for-workers-on-different-types-of-contract

Hi, my company was taken over by another and so I'm still on my old contract of 19 hours. I don't want to update it as I get more perks on this one like double pay on banks holidays and lieu days. The new company do not have this. Whilst it's overtime they are not legally obligated to pay any extra I don't think. They pay more for overtime for over 40 hours a week.

Thanks, I actually can see all this information as it's all in my online portal. For some reason it says my hours are 21 weekly. Obviously this is incorrect. But they do see how many hours I'm actually working as it's logged weekly.
It used to be years ago that holiday pay was the average of the last 6 weeks you worked!

If you are contracted to work 21 hours per week, you get 117.6 hours holiday as your employer says. That represents the statutory minimum of 5.6 weeks (28 days). If full-time employees get more than that, you are entitled to more.

However, they must include your average overtime when calculating your holiday pay for at least 4 weeks. So, when you book a week off, you would use 21 hours of your holiday entitlement, but you would be paid for 29-33 hours, whatever is your actual average working week.

If I understand correctly, you are taking a week off and your manager has booked it as 28 hours. That is wrong. Assuming you are contracted for 21 hours per week, it should only be 21 hours. However, if you are working on average 28 hours a week, you should be paid for 28 hours.

My written contract is 19 hours. I work 29 hours a week minimally since October of last year.

If your contract is still 19 hours and has never been changed, you should get 106.4 hours holiday. But that shouldn't make any difference. You should still get 5.6 weeks in total and you should be paid at least 29 hours for each week you take off, at least for the first 4 weeks leave.