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Author Topic: Flexi contract holiday pay  (Read 2576 times)

hex891

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Flexi contract holiday pay
« on: 26-02-19, 06:26AM »
I'm only contracted two nights a week (Sat and Sun) but usually work Wed, Thurs and Friday too as overtime the majority of weeks.

As I've been looking through my payslips I've noticed that I have only been paid for my two contracted nights when I have had them off on holiday instead of a full weeks work which I usually do.

The only reason I can think of is that when I've been on holiday (contracted Sat and Sun off) I've been working my usual three days of overtime, does this affect how much holiday pay I receieve?

I can't help but think I've been pretty much working for free while I should have taken the whole week off when on holiday.

Am I understanding this correctly?

Thanks

NightAndDay

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Re: Flexi contract holiday pay
« Reply #1 on: 26-02-19, 08:38AM »
Global Moderator Comment Please do not quote immediately prior post(s).

Holiday pay is paid at either your weekly contracted rate or the average of your last 12 weeks of pay on a weekly basis whichever is the higher rate, if you've been working Wednesday, Thursday and Friday every week for the past 12 weeks before you took your holiday, your holiday pay should be half of your average weekly pay on 1 day and the other half on the other.

For example say you're contracted 7.5 hours sat*rday and 7.5 hours Sunday on c.a wages, you'll earn £142.21 as your contracted pay, now say you've been doing 5 hours overtime (4.75 hours) on Thursday and Friday, taking the overtime into account your weekly pay goes up to £222.26) say that's how much you've been earning for 12 weeks before you take holidays on your contracted day. When you do take your holiday, your holiday pay will be £111.13 for Sat and £111.13 for Sun (to make £222.26)  if you're also working overtime on the weeks your taking holiday, you add the overtime amount to £222.26. (If you take holiday in subsequent weeks while doing overtime, your holiday pay goes up as your weekly pay goes up from the holiday pay effecting the average).

Dorothy C

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Re: Flexi contract holiday pay
« Reply #2 on: 26-02-19, 12:21PM »
Good luck getting that sorted.

barafear

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Re: Flexi contract holiday pay
« Reply #3 on: 26-02-19, 01:01PM »
Dorothy:
Not sure on how your message should be read - is it a genuine "good luck" or is it "as you're dealing with Tesco, you'll need a dose of good luck in getting anything sorted!!!"

As for the OP

It might help if he/she actually lists their hours for the previous twelve weeks/three pay periods prior to noticing their AL was being paid at "basic rate"

But Night and Day's explanation was fairly accurate - but there may be some impact if the OP is a new starter.....

I think their original question revolved around whether the fact they continued to do the overtime in the weeks of their "Annual Leave" should affect the actual amount they get paid - an interesting question - and I "think" that nightandday is correct and it shouldn't affect it - but it's interesting......


80377494

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Re: Flexi contract holiday pay
« Reply #4 on: 26-02-19, 02:27PM »
The quick solution is to divide how much holiday pay you received by how many hours you are contracted over the days you were off. If its more per hour than your base rate then your overtime has been used in the calculation for holiday pay.

Walker

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Re: Flexi contract holiday pay
« Reply #5 on: 26-02-19, 08:15PM »
I had to check one of my payslips earlier in the year and in a month where I took 2 days holiday in a week I got paid more than a basic 7.5 hour shift, plus the days I worked were paid at the normal rate.

barafear

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Re: Flexi contract holiday pay
« Reply #6 on: 26-02-19, 08:31PM »
If the OP could just come back and enter the exact figures
At the moment, we're just plucking figures out of the air without knowing how right/wrong their pay is.

If they could just say something along the lines of the following:

I am contract for 6 hours on a Sat and 6 hours on a Sunday - total pay = £120 per week. (or £480 per pay slip).

On the last three pay slips (where I haven't taken any leave at all), my gross pay has been £700, £700 and £750.

Then the simple calculation is that your average "4 week pay" = £717, average weekly pay = £179 (ish).

Therefore, as your contracted week consists of 2 days, then those two days (assuming they are taken in the "fourth pay period" following the examples given above) should be paid at £179. And if you happen to work additional shifts in between, then these should just get paid as normal.

Although, I can see the possibility for the system to get confused!!

So come on OP - come back and spill the beans.



whatajoke2019

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Re: Flexi contract holiday pay
« Reply #7 on: 28-02-19, 03:26PM »
I don’t know how true it is, so I apologise if I’m misinformed, but I was told to never to do any overtime when you’re on holiday as it cancels out any booked leave? So even though you’ve had a Sat*rday and Sunday off, I wonder if the extra days in the week, have caused the issue?

NightAndDay

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Re: Flexi contract holiday pay
« Reply #8 on: 28-02-19, 06:01PM »
I know if you do overtime on your contracted days that you are currently taking as holiday, that it will cancel out (usually SM's get around this by  asking you to not clock in and doing the payments as ad hoc payments, but it's dodgy and i would only advise doing it if you trust your SM. )As for doing ot on other days of the week you take your holiday, i do not know for certain.
« Last Edit: 28-02-19, 06:02PM by NightAndDay »

barafear

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Re: Flexi contract holiday pay
« Reply #9 on: 28-02-19, 07:38PM »
I'm going to join the "I don't know" crew -

But it does seem plausible that on booking your leave, it is entered into the system as "a week off" - even though technically Mon-Fri are "non working days" -
I'm going to end with "I don't know"

But it would be nice to hear back from Hex to see how things have progressed.

Redshoes

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Re: Flexi contract holiday pay
« Reply #10 on: 01-03-19, 10:07AM »
Doing overtime on a contracted day will cancel out holiday. It can be done on non contracted days but should be limited. During a holiday you need time out from work so doing over times does not give you this. If you feel pressured to do overtime during a holiday you should report. We all need that time out and should be supported in being able to have. If you are not getting time out you are probably going to have tiredness/illness issues further down the line. This all depends on the individual but we should never feel pressured to work during holiday.

tumshie

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Re: Flexi contract holiday pay
« Reply #11 on: 01-03-19, 11:56AM »
"if you've been working Wednesday, Thursday and Friday every week for the past 12 weeks before you took your holiday, your holiday pay should be half of your average weekly pay on 1 day and the other half on the other."

You don't have to have been doing overtime in all of the 12 weeks. Any overtime worked during the 12 weeks before your holiday should be counted toward your holiday pay.

Holiday is booked as individual days, not as whole weeks, so the holiday pay is not affected by by you working on days that were not booked as holiday.

(There's no need for the OP to give us exact figures. Their question is clear enough)

barafear

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Re: Flexi contract holiday pay
« Reply #12 on: 01-03-19, 02:20PM »
Ok, fair enough.
In that case, they have received the appropriate advice - and hopefully it is simply an error and it gets corrected.

NightAndDay

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Re: Flexi contract holiday pay
« Reply #13 on: 01-03-19, 02:28PM »
"if you've been working Wednesday, Thursday and Friday every week for the past 12 weeks before you took your holiday, your holiday pay should be half of your average weekly pay on 1 day and the other half on the other."

You don't have to have been doing overtime in all of the 12 weeks. Any overtime worked during the 12 weeks before your holiday should be counted toward your holiday pay.

Holiday is booked as individual days, not as whole weeks, so the holiday pay is not affected by by you working on days that were not booked as holiday.

(There's no need for the OP to give us exact figures. Their question is clear enough)

I used Wednesday, Thursday and Friday as an example as the OP says he frequently does overtime on those days. I did explain that holiday pay is paid at the rate of the average of the last 12 weeks on a weekly basis or contractual pay (whichever is the higher amount).

tumshie

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Re: Flexi contract holiday pay
« Reply #14 on: 01-03-19, 02:57PM »
NightAndDay, I understood that but I thought your post might give the impression that the person had to have worked overtime in each of the 12 weeks.