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Hi, hope some of you guys can provide helpful advice here like I have received in the past.
Basically I have just finished an interim manager role for a large Facilitiy Service provider and I am in dispute about what I have been paid regarding holiday pay calculations and the basis on which the company have calculated my basic daily rate. I am / was salaried £35000 per year, working a contracted 40 hours per week as stated in my contract of employment, which was worked over 5 days, though this part was not stated in my contract though was standard practice for the site I worked at. I was also entitled under my contract to 5.6 weeks annual leave pro rata as it was an interim role.
According to my contract of employment my holiday pay is paid at my basic rate of pay for all approved holidays taken within my entitlement, including public holidays. Therefore, this confirms that my holiday pay rate is the same as my basic rate of pay, which is my daily rate, yes?
And, at the termination of my employment with the company, any outstanding holiday entitlement wil be paid on the following basis: [1/260th] of my basic annual salary for each day of leave due to me to make up my entitlement i.e. 52 weeks / 5 days per week,
Therefore, I calculate my holiday pay rate / or basic rate of pay as £35000 / 260 = £134.62. This is correct? Or £35000 / 52 / 5 = £134.62. Either way is the same.
My employer has calculated my daily rate @ £35000 / 365 = £95.89?? Surely this is incorrect and in breach of my contract of employment as I am not contracted to work 365 days of the year. All online salary calculators come up with the same figures as my calculations.
Despite trying to resolve the matter amicably I had to resort to formal grievance procedures. In the outcome letter the company have not upheld my grievance stating "having reviewed this matter I have been able to confirm with the company's payroll provider that the method of calculation used in the calculation of a day's pay was calculated in a manner which was consistent with the method used across the business. I also undertsand that their could be huge implications for the business if the way they have been calculated daily pay rates is proved to be unlawful / illegal and in breach of contract.
The company have not explained in the outcome letter that their calculation is correct. legal or lawful, just that it is consistent across the business. Neither have they explained why they dispute the way in which my calculations are made, in accorsance with my contract of employment.
I am not in a Union and am struggling to source free law emlpyment advice and am considering to go down the small claims court rather than Employment Tribunal mainly due to costs and the necessity to have a solicitor to advise during a tribunal.
Any advice on this would be greatly appreciated!
Basically I have just finished an interim manager role for a large Facilitiy Service provider and I am in dispute about what I have been paid regarding holiday pay calculations and the basis on which the company have calculated my basic daily rate. I am / was salaried £35000 per year, working a contracted 40 hours per week as stated in my contract of employment, which was worked over 5 days, though this part was not stated in my contract though was standard practice for the site I worked at. I was also entitled under my contract to 5.6 weeks annual leave pro rata as it was an interim role.
According to my contract of employment my holiday pay is paid at my basic rate of pay for all approved holidays taken within my entitlement, including public holidays. Therefore, this confirms that my holiday pay rate is the same as my basic rate of pay, which is my daily rate, yes?
And, at the termination of my employment with the company, any outstanding holiday entitlement wil be paid on the following basis: [1/260th] of my basic annual salary for each day of leave due to me to make up my entitlement i.e. 52 weeks / 5 days per week,
Therefore, I calculate my holiday pay rate / or basic rate of pay as £35000 / 260 = £134.62. This is correct? Or £35000 / 52 / 5 = £134.62. Either way is the same.
My employer has calculated my daily rate @ £35000 / 365 = £95.89?? Surely this is incorrect and in breach of my contract of employment as I am not contracted to work 365 days of the year. All online salary calculators come up with the same figures as my calculations.
Despite trying to resolve the matter amicably I had to resort to formal grievance procedures. In the outcome letter the company have not upheld my grievance stating "having reviewed this matter I have been able to confirm with the company's payroll provider that the method of calculation used in the calculation of a day's pay was calculated in a manner which was consistent with the method used across the business. I also undertsand that their could be huge implications for the business if the way they have been calculated daily pay rates is proved to be unlawful / illegal and in breach of contract.
The company have not explained in the outcome letter that their calculation is correct. legal or lawful, just that it is consistent across the business. Neither have they explained why they dispute the way in which my calculations are made, in accorsance with my contract of employment.
I am not in a Union and am struggling to source free law emlpyment advice and am considering to go down the small claims court rather than Employment Tribunal mainly due to costs and the necessity to have a solicitor to advise during a tribunal.
Any advice on this would be greatly appreciated!
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