Holiday pay question

Surely if the company want to work this way then you just need to make sure you've not had any more hours taken off as leave then you've been paid for. You'll be short at the end of that week but you'll still have the leave to take another time.
 
Pookie Bear said:
To me this is the most appropriate point to address here as it is the major difference between your company and that which employs the OP. I fully understand the methods you use (even if I've never encountered it before this thread), I just do not believe they would be appropriate where staff can take single days as and when they want.

And for the record, I'm not arguing, I'm just saying what my experience leads me to believe - everyone else is arguing :D
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Indeed. I had a chat to our finance director and he agrees with you, but he states that we give the statutory requirement in weeks not hours and we meet all our statutory obligations within the guaranteed minimum hours, exceeding them in fact. (he did say that part entitlements for new starters are worked out by hours)

We do allow single days, but they are taken from the lieu day/public holiday part of the entitlement and we use the method I described above to work out the relevant pay.

He also said that all the large firms he knows does this including Tesco with regard to Bank Holidays. (who he worked for prior to us.)


It looks like what they have done is taken his annual entitlement of 16.8 days x weekly hours worked / days worked. this gives us his annual holiday entitlement of 112 hours. They have paid him 1/16.8th of this which is 6.66 hours. This is perfectly acceptable according to our legal dept. They were confused that this is not the usual practice Pookie Bear, they disagree as it will still give him his 16.8 days statutory entitlement by the end of the holiday year.
 
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Castiel said:
It looks like what they have done is taken his annual entitlement of 16.8 days x weekly hours worked / days worked. this gives us his annual holiday entitlement of 112 hours. They have paid him 1/16.8th of this which is 6.66 hours. This is perfectly acceptable according to our legal dept. They were confused that this is not the usual practice Pookie Bear, they disagree as it will still give him his 16.8 days statutory entitlement by the end of the holiday year.
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It most certainly isn't the usual practice - again, I have not heard of that system before reading about it in this thread and neither had a senior colleague. That said, again, it may well be related to your employer's practice of only allowing weekly blocks of holiday.

Certainly no disagreement about the 112 hours - that's the correct figure.

While the system described gives him his full entitlement to pay across the year, but it could be argued that it is not giving him his full entitlement to time away from the workplace - both are important. I would just point out that if his days off were all taken on his 6 hours days, he will have had 16.8 6 hour days away from the workplace - a total of just under 101 hours. I have been looking for caselaw for you, but it's been a little busy (snow-related!).
 
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