Great thanks a mill. They are not the easiest to deal with it but I would love to see him get what he is due.Very rough calculation, assuming they worked 4 months, would give 6 1/2 days leave.
A 5 day leave c/f is generally considered reasonable and if not referenced in the contract, that's what I would be pushing for.
It's worth a letter and request to show calculation of leave entitlements and paid leave.
out of interestThere's no scenario in which an employee loses statutory leave. If they haven't taken it they must be paid it when leaving.
No, overtime is not included when calculating holiday pay when the employee is paid based on an hourly rate.out of interest
Do you including overtime When calculating statutory leave due,
Or is statuary leave calculated on standard week work before overtime, in the past Statuary leave was based on the standard week not including OT,
Has it changed to include overtime in resent years,
ThanksNo, overtime is not included when calculating holiday pay.
That's not entirely true. I have a 'use or lose' clause in my contract. In a previous life I had to get senior counsel opinion on the matter, but in very specific circumstances (acting as an employer).There's no scenario in which an employee loses statutory leave. If they haven't taken it they must be paid it when leaving.
Surely the leave year is set out in the contract? I've had different leave years in different companies (and 1 company even changed their leave year while I was there).Also, the leave year runs from April to March
I can carry up to three days (More with permission) but all leave must be used within 3 months of the new year. If not, it will be lost.
Old income tax year long gone, Where I used to work before I retired (28 days annual leave ) 39 hr week x48 weeks divided by 28Hi Redonion, the Organisation of Working Time Act 1997 defines a leave year as a year beginning on 1st April.
I presume this would affect a person who worked from April to March and wanted to calculate their leave allowance by reference to the 8% rule i.e. 8% of hours worked from April to December and 8% of hours worked from January to March, which could often give more holidays than 4 weeks, especially if a person did overtime.
I used it to my advantage some years ago when I changed job mid-year.
Thanks. I always thought it could be overwritten in contract, but you're correct it's very clearly defined in legislation.Hi Redonion, the Organisation of Working Time Act 1997 defines a leave year as a year beginning on 1st April.
Hi Josh,
not quite, the income tax year was 6th April and only changed in 2001.
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