My contract says:
Your entitlement is based on 28 days paid annual holiday which includes public/bank/customary holidays. Due to the nature of the business the company reserves the right to request you work on 3 days of any public/bank/customary holidays.
Should you leave, your entitlement will be calculated pro-rata for completed calendar months of service in that holiday year. Any accrued but untaken balance in days pay will be given to you in your final salary, unless you leave without giving any or sufficient notice.
The Working Time Regulations state in relation to holiday pay:
The payment due under paragraph (2) shall be -
(a) such sum as may be provided for for the purposes of this regulation in a relevant agreement, or
(b) where there are no provisions of a relevant agreement which apply, a sum equal to the amount that would be due to the worker under regulation 16 in respect of a period of leave determined according to the formula -
(A × B) - C
where -
A is the period of leave to which the worker is entitled under regulation 13(1);
B is the proportion of the worker's leave year which expired before the termination date, and
C is the period of leave taken by the worker between the start of the leave year and the termination date.
Your contract appears to have an agreement relating to the accruing of holiday pay, but it is less advantageous than the formula in the regulations. The regulations do not state it has to be more or less advantageous, but of course there's limits to what is fair and reasonable. You could try to test the regulations and the contractual stipulation in a tribunal, but the benefit in holiday would be less than the tribunal fees (which I believe you can't recover!)
Yeah they were asshats alright. I was lucky to get a day off in the week and quite regularly worked 60 hours or more. On my salary, that's £4.48 an hour - for an assistant manager's job. Not great, really. With regards to compensation, I'd have no idea how to go about it anyway. I'd love to get one over on them big style though!
If you have proof that you worked 60 hrs and received effective compensation of £4.48 ph, then this is less than national minimum wage, and you are entitled to be paid national minimum wage.
