Question in relation to part-time worker entitlements....

Megatitan

I am a 21 year old student wanting to know my entitlements for holiday pay from my employer. If anyone could shed light on this I would appreciate it.

I have been employed on a part time basis since october of 2010 with a company. I work in the retail sector of this company. My job title when I applied was "General Operative".

From October of 2010 I worked roughly 8 hours a week every week until mid- may where i began working full weeks ( Note there was an extended, 7 week break from work from feb to april due to placement completion as a requirement for my college course). So from mid may to mid august(now) i worked on average, 40 hours a week. I only requested one day off during this period.

I finish up this saturday. Now I probably will be back with them in september/october doing my 8 hour weeks but in the mean time I'm unemployed.

I was speaking to my landlord this evening and he said that I am entitled to 8 hours pay for every 100 hours I work.

Is this true? As I have never looked into this does it mean I count hours from when I first started?

For talk sake, if I worked 350 hours since starting with them, does that mean I am owed 3.5 x 8 hours = 28 hours holiday pay?

Sorry for the long post and the questions. If anyone could help it'd be muxh appreciated!! Oh, I'm paid 8.65 per hour. Thanks.

little lady

• Depends on the number of hours worked
 min of 4weeks in a year in which the employee has worked 1,365 hours (unless they change jobs)
 1/12th of the annual leave entitlement every month in which the work a min of 117 hours
 8% of the hours worked in a leave year to the max of 4 weeks

I’m not too sure how this would work because you left and then were rehired; I’m just presuming the following,

Oct – Feb (I’m presuming you weren’t getting paid from Feb – May)’(18 weeks approx) 18 x 8 hours x 8% = 11.5 hours
11.5/8hours = 1.5 days holidays

Mid-May – Mid Aug (13 weeks)
2 weeks in May – 80 hours x 8% =6.4 hours/ 8 = 0.8 days
June/July (two full calendar months) – 160 hours 160*1/12 =12.8/8 hours = 1.6 * 2 months = 3.2 days
2 weeks in Aug - 80 hours x 8% =6.4 hours/ 8 = 0.8 days

Total days Due Approx 6.5 days less the one you’ve taken = 5.5 days

You would need to talk to your employer about how they are calculating your holidays and as I previously said as you left and were re-hired they may not take into account the holidays you were due in Oct - Feb

Clauric

While I agree in general with little lady (above), there are a couple of corrections to it.

1) It is the method of calculation that works out best for the employee, not the employer.
2) If an employee leaves a company and returns to a company within a certain period of time (normally less than 13 weeks), it is considered as the same employment. Further, a 7 week break can be viewed as unpaid leave, as opposed to leaving the company and returning, which still gives continuous service, but is not counted for holiday and pay purposes.

In this case, I would calculate your holiday entitlement hours as follows:

October -> mid-May = 228 days = 32.6 weeks - 7 weeks = 25.6 weeks
25.6 week @ 8 hrs/week = 204 hrs
204 hrs @ 8 % (due to not meeting the 1st two conditions) = 16.34 hrs

Mid-May -> end-May = 2 weeks @ 40 hrs/week = 80 hrs
80 hrs @ 8% (due to not meeting the 1st two conditions) = 6.4 hrs

June = 4 weeks @ 40 hrs/week = 160 hrs
-> 2nd condition applies = 1/12th annual leave entitlements = 1.67 days
1.67 days @ 8 hrs/day (40 hrs/5 days) = 13.33 hrs

July = 4 weeks @ 40 hrs/week = 160 hrs
-> 2nd condition applies = 1/12th annual leave entitlements = 1.67 days
1.67 days @ 8 hrs/day (40 hrs/5 days) = 13.33 hrs

Start-Aug -> mid-Aug = 2 weeks @ 40 hrs/week = 80 hrs
80 hrs @ 8% (due to not meeting the 1st two conditions) = 6.4 hrs

Therefore, the total number of holiday hours for the entire period is:

16.34 + 6.4 + 13.33 + 13.33 + 6.4 = 55.8 hours

I hope this helps.

Clauric

Megatitan

Cheers guys!

I was speaking to the woman who does the wages today and she explained that I am right in my assumptions that I am entitled to 8 hours pay for every 100 worked.

She said that it will be from 2011 onwards and that 2010 hours won't count. She said that she will add to my pay slip next week. She didn't tell me the exact amount yet but I will let ye know anyway.

Thank god I asked, cos I'm pretty sure that if I said nothing the feckers wouldn't have let me know.

Thanks again, for the effort in your replies. Appreciated.

Mrs OBumble

Why won't the 2010 hours count? Did they pay you out for you 2010 holidays, or did you take them?

Corruptedmorals

In retail you are usually not allowed to carry your holidays over, so they are lost. Or they might not alloe a brand new member of staff to accrue hours for holidays until they have 3 months service or so.

Shelflife

The carry over would be an internal policy as long as the employer has given an opportunity to the employee to actually take the holidays.

the holiday pay is an entitlement and cant be deferred by internal policy.

The Op is entitled to 2010 holiday pay.

fwiw we allow carry over.