Help With Annual Leave

[SazzJ]

Help needed please!!

 

I currently work 20 hours a week term time only. My wage is spread out over 12 months which totals £600 a month.

 

Now if I divide £7200 (annual wage) by 39 weeks (number of weeks worked) then by 20 (hours worked per week) then I get an hourly rate of £9.23 an hour (Which i think is about right)

 

However this leaves no room for any holiday pay etc.

 

Now I also work for local council on a casual basis but every 3 months we get a percentage of the hours worked in that period as additional wages. It usually averages around £130 ish every 3 months.

 

Is the council being generous or are we entitled to additional pay for annual leave?

 

I know that any annual leave would need to be taken during school holidays etc but surely we are entitled to a bot extra in our wage packet for holiday pay.

 

Direct gov just says it's under review which doesn't help me at all

 

Really struggling here to find the right information I need to take to my committee.

[finleysmaid]

you should be entitled to a percentage of holiday pay (unless it is already calculated in your annual pay) i think if you look on the acas website there is a hoilday pay calculator which you can put in your weeks worked and it will tell you what you need to know

[Guest]

Have a look at http://online.businesslink.gov.uk/bdotg/ac...mp;type=BLTTOOL

and you should get some answers.

[Rea]

Our staff have their regular pay added to their holiday pay and then divided over 12 months. Holiday pay is pro rata, the link Holly gave is the one I used but I also checked it on the PLA site. WE FOUND OUT ITS UNLAWFUL TO ROLL HOLIDAY PAY UP BUT THE STAFF WERE ADAMANT they wanted to keep it so we do.

[Guest]

Yes we were in the same boat as Rea over rolled up pay. It only affects the senior staff who are paid a monthly salary as the others are paid for sessions worked and the holiday pay is paid at set intervals which I think is still allowed.

[Inge]

replied to the other thread on this!

 

but as a casual worker you are entitled to holiday pay which is probably what the council are be paying you..

 

Rea.. it is not classed as rolled up when done like that as you are paying them on weeks they are not working.. so in essence paying them when they are on holiday.. all companies work that way.. they give a regular wage each month and the employees take time off to a set allowance when they want... just in our case it is at a set closure time..

 

Rolled up pay means they add it to the wage and then no time is paid when off so making it look like a higher hourly rate is being paid..

Edited December 13, 2011 by Inge

[louby loo]

Yes the bit that says 'under review' on the website is about how to calculate it....... not about whether you get it or not.

 

x

[SazzJ]

Had a meeting today and have been told that were not entitled to any!!!!

 

I thought everyone was whether it is taken as actual holidays or extra pay.

 

They said that as our wage is spread out over 12 months we can't get any but I literally only get paid for the 20 hours a week I work over 39 weeks and none extra etc.

 

So confused with this.

 

Contracts (not mine as mine seems to be different) stated that there is no pension or holiday pay but surely this is even illegal?

[finleysmaid]

sorry sazzj i have to disagree with them ...you should be entitled to holiday pay...as to the pension this depends on how many people are in the company as to what they have to offer you. Even part time workers and casual staff now have to be given a percentage of holiday pay

[SazzJ]

Rang ACAS and they too have confirmed we are entitled regardless of what they say!!!

 

Where to start Doesn't help that treasurer is an ex teacher either!!!!

[finleysmaid]

Rang ACAS and they too have confirmed we are entitled regardless of what they say!!!

 

Where to start Doesn't help that treasurer is an ex teacher either!!!!

but teachers do get holiday pay!!!

[SazzJ]

She says they don't and she has spoke to her friend who is a head too.

 

Surely there's is calculated into there pay on a monthly basis.

 

Mine def isn't!!!

[finleysmaid]

there are plenty of teachers who will confirm on here...but IMO it is a legal requirement and my daughter who only works on a very part time basis for the council gets an added percentage onto her wage every time she works which is holiday pay...paid per hour she works!!!(sometimes only 4 or so hours per year!)

[SazzJ]

there are plenty of teachers who will confirm on here...but IMO it is a legal requirement and my daughter who only works on a very part time basis for the council gets an added percentage onto her wage every time she works which is holiday pay...paid per hour she works!!!(sometimes only 4 or so hours per year!)

 

This is what happens in my other job!!

 

Really don't know whether it is worth upsetting the apple cart or just leaving this as it is!

[finleysmaid]

i'm sure your colleagues would thank you too!!(can the business afford it????)

[Inge]

it is worth fighting for, they really are taking the michael...even if a contract says no holiday pay they still have to pay the legal minimum...

 

perhaps try citizens advice for some legal help .. they may be able to tell you how to send a solicitors letter to them..

 

I found no one we could report it to and who would deal with this on our behalf.. if in a union they could help..

 

I would also ask for a detailed breakdown of my wages and how they are calculated... this should show all in detail..this may help when / if you try citizens advice...

 

and these days it has to be taken as holiday and paid on weeks you don't work, not allowed to work all year and then get holiday pay as well with no time off..

Edited December 13, 2011 by Inge

[finleysmaid]

perhaps some useful info here too....

 

http://www.adviceguide.org.uk/index/your_m...o_paid_holidays

[finleysmaid]

haha inge great minds!!

[Rea]

I've just replied on another thread. I've put a link to a lefleat by ACAS which states that if you have a problem you must take it to your employer , if the problem fails to be solved within 3 moths you can go to an employment tribunal, but I'm sure there was something on the news recently about the government changing tribunal rules so it might be best to phone someone.

Please dont let it go, they should be paying you

[JacquieL]

Of course teachers get holiday pay. Their pay, including holiday pay, is spread out over 12 months so they are paid for holiday. Teachers who are on supply get a percentage in their daily rate to account for this if they are employed by the school or LA. I think teachers working for supply agencies may have different arrangements.

[Guest]

SazzJ

 

You MUST take this further - I know it's hard, but you are LEGALLY entitled to holiday pay, and your employer must be made aware of their legal obligations!!

 

 

Good luck, and keep us posted.

 

SueT

[Deb]

I agree you must take it further, you should have what you are entitled to. It is not you upsetting the apple cart - it is the committee!

 

Be quietly persistent - backed up with some legal support.

 

Perhaps the committee should pay up quickly before somebody cottons on to the fact that the holiday could be back dated - perhaps years - if it's good enough for the Inland Revenue that why not you!

Edited December 14, 2011 by Deb

[Buttercup]

def entitled to holiday pay even casual staff are.

 

My staff get paid 38 weeks and then 4.58 weeks holiday which is the prorata workings for people working term time only.

 

I then work out there pay times 42.58 weeks and divide by 12 months.

 

good luck

 

buttercup

[SazzJ]

Supposedly they've contacted ACAS and as our wage is technically classed as an annual salary we aren't entitled.

 

However I know my hourly salary is £9.23 and we only get paid for 780 a year.

[finleysmaid]

Supposedly they've contacted ACAS and as our wage is technically classed as an annual salary we aren't entitled.

 

However I know my hourly salary is £9.23 and we only get paid for 780 a year.

IMO complete bunkham! unless they are paying you holiday pay and spliting it over the year...but they must make that clear if they are doing that and from what you have said before this is not what is happening. They could be in for a heafty bill if this is what they are working on

[Inge]

Supposedly they've contacted ACAS and as our wage is technically classed as an annual salary we aren't entitled.

 

However I know my hourly salary is £9.23 and we only get paid for 780 a year.

 

 

an annual salary would be for 52 weeks in the year and the weekly hours you work would be for 52 weeks a year, which would take you under the minimum wage...

 

you are not paid a regular weekly salary for 52 weeks a year but 39 weeks spread over 52.. if they are classing it as annual salary could you also challenge the monthly pay as being under the minimum wage..

 

definitely a case for citizens advice and solicitors letters...

 

have they given you a breakdown of how your wage is paid,, i think you need to insist in writing. and give a deadline.. may be helpful either way.. non reply could mean they have no idea of what they are doing..

Edited December 18, 2011 by Inge

[Jeany]

I am wondering if there is a small loophole here. Is it possible that you are getting rolled up holiday pay and that it is ok to do it because your money is spread. Therefore you are getting paid your usual rate when you aren't working.

[Rea]

Our staff have a letter whenever salary changes. The latest one shows hourly rate and holiday rolled up and split over 12 months.

£7.95 per hour x 22.5 hours worked per week = £178.87 x 38 weeks worked = £6797.25

£7.95 per hour x 4.6 weeks holiday pay = £822.82

6797.25 + 822.82 = 7620.07 divided by 12 months = £635 per month

 

If the annual salary was split by 52 weeks the hourly rate looks less £6.51, but these calculations show staff exactly what they're getting.

 

I would expect your committee to be able to do something similar for you, otherwise no-one would have any idea of what was being paid.

[lynned55]

I do for my staff exactly what Rea does- I cannot see any other way of paying it. As others have said if you are on an annual salary then your wage is far less per hour then you think. Either way they are talking rubbish- quite frankly it just shows another reason why we should not be run by people i.e committees who really dont know what they are doing.

[Inge]

your hourly rate if you were paid as they say an annual wage would be £6.90 (7.200/ 52 / 20) and you would be able to take holiday any time in the year and it would not be affected...

 

what would they do if you asked for holiday in term time... If they reduce wage by the time you are off and they are not paying holiday pay!

 

I do think it very unfair that when they do set a minimum etc there is no one an employee can go to easily to get things checked out, and take it up on their behalf, instead of having to search and sort out something you are entitled to by law..

 

How about your P 60 showing your annual income etc for a year which with letter or contract from committee to show your hourly rate would actually prove if you are getting holiday pay or not..