Holiday pay

[Stopdropnroll]

I work in an hourly paid role, generally I work set hours but when cover is needed I do addditional hours. My employer works out holiday hours at the start of the year (April to April) based on the set hours but as I do work extra hours this then accrues extra holiday hours on my payslip. So although I only have 4.5hrs left of my calculated entitlement, on my payslip there are 37 hours of holiday accrued. I've queried this and they said that I'm only paid for my calculated hours. It just seems really odd and makes me feel like saying I won't do over time in future as effectively it's for less pay due to not earning holiday pay.

Am I right? If so where can I point my employer to that states this, I've looked at acas but they don't set out this situation...

https://www.gov.uk/government/publications/simplifying-holiday-entitlement-and-holiday-pay-calculations/holiday-pay-and-entitlement-reforms-from-1-january-2024

Happy reading! Ultimately it’s up to them to prove you are not entitled to accrue holiday pay for overtime. Don’t do their work for them.

Thanks that's really helpful. I'll send that over. They argument they used is that it's in my contract that I don't get holiday pay for overtime but this legislation came after I've started with them so maybe they just aren't aware of the changes.

ACAS have a helpline you can call which might be helpful?

I used to get an additional holiday uplift payment with overtime in lieu of holiday hours
I think it was 10%