Holiday pay - permanent workers & temporary workers

[lennylegs]

Hi

 

I have a couple of queries about holiday pay if anyone could please help please.

 

My husband was made redundant in July from a permanent position, he is lucky to have found another permanent job to start in September and meanwhile he has worked several temp jobs here and there.

 

Previous permanent position - basically he worked for this company for 7 years, he moved to another job for three months & hated it so went back, they were glad to have him back but one day before his three month 'probabtionary period' he & many others were made redundant out of the blue. During his three months back he only had the bank holidays off so two days. He is entitled to 20 days plus bank holidays per year. His letter informing him of his redundancy states that as he was in his probabtionary period (by one day) he is not entitled to be paid for any holiday owed. Is this right? I thought I read that holiday rights accrue from day one?

 

Temp job 1 - only worked six hours at min wage so assume holiday pay would be very little.

Temp job 2 - offered 6.94 hour but when payslip turned up it shows hourly rate 6.19 + holiday rate 0.75 per hour. I assume that this is them mis-informing my husband & there's not much we can do.

Temp job 3 - 30 hours, payslip shows 6.19 per hour, no mention of holiday pay. Is holiday pay accrued from when you start?

Temp job 4 - this is where he has had the most work, payslip shows £7 per hour, total 126 hours, there is no mention of holiday pay, no split of the pay rate etc. Should he therefore be entitled to holiday pay on this?

 

Thanks for reading & taking the time to reply!

 

Lennylegs

[stikky62]

Hi.

I may have holiday pay problems coming my way when I end my present 'casual' job (i've been told by other employees this employer doesn't pay holiday pay at the end of casual work) and so have been looking into this myself.

 

Everyone (apart from armed forces/police and trainees, I think it is) is entitled to holiday pay from their first hour of work for an employer. Useful info:> https://www.gov.uk/holiday-entitlement-rights/entitlement

 

To work out what he's due, divide the number of days he worked by 232. Multiply the answer by 28 and that is the number of holiday days pay he is due.

(Dividing the number of days worked by 232 and then multiplying by 100 would give you the percentage of the 28 days he is due)

note: 232 is... 52 (weeks) x 5 (days) = 260, minus the 28 days statutory (includes bank holidays)

 

For the temp jobs that were only a few hours or more, holiday pay would 'probably' be worked out at hourly rate and not the number of days. Basically, holiday pay is approx 12.07% (28/232) of the hourly rate. The 6 hours worked still accrues 12.07% holiday pay (43.5 minutes worth)

 

28 days is the Statutory minimum holiday entitlement (this includes the 8 days bank holidays)

31 days is the Statutory minimum holiday entitlement for Agricultural workers (includes bank holidays)

 

btw,,temp job 2, nope, nothing you can do unfortunately. Because it's there on the payslip its lawful. (the crafty _ _ _ _ ers )

 

Temp job 4: He's owed approx £106.45 holiday pay. ;-)

Edited August 29, 2013 by stikky62