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Holiday Pay - Deduction in Pay rate

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  • Holiday Pay - Deduction in Pay rate

    I have been working through Adecco on a full time basis since August 2014 (36.5 hours per week). And Have taken a few days paid holidays as I was forced to have them before the end of September as their holiday year end then. However, they have paid me unfairly during these holiday days I have taken. For example: I get paid £ 75 for a day and the days I have taken a holiday for they have just paid me £62 initially and then £45.


    When I questioned them they said its because its calculated on average numbers of hours worked. Which means the week when I have taken a paid holiday- my average hours are calculated excluding the paid holiday day (29 hours instead of 36.5 hrs) Which doesn't make sense to me. As this will mean that no one will ever accrue the 28 days they should accrue in a year. For example: If I take a week off then my accrual will go down from 28 days to x amount of days as that week is the week I wont accrue any holidays for. Hope this makes sense. I have worked the same number of hours every week (36.5 hrs) since I have started working.


    I have read a lot of things online regarding Adecco doing this with quiet a few employees. And I have also been informed that they do this to fill their bonus pots hoping that people wont pick it up. A few £ from few chosen employees every week obviously ends up to a huge amount in their pockets. As they charge the employers the same rate every week.


    I was wondering if anyone able to shed some light on this situation? I am more than happy to take them to the tribunal if needed. This has been going on for weeks now and the branch manager agrees with my points that I am not wrong. However, he says its something which is out of his hands as the way their payroll system works has been changed recently. He has mentioned that he has passed my concerns to the regional Manger and I am not the only one going through this problem but there are a few more.


    Any help will be very much appreciated.
    Tags: amethyst

  • #2
    Re: Holiday Pay - Deduction in Pay rate

    Details of your holiday entitlement and holiday pay should be in your employee's written statement or contract

    If your weekly hours don't vary your holiday pay will be your normal remuneration.

    If your hours do vary then average pay is calculated over the previous TWELVE weeks.

    ACAS have lots of info on holiday pay (http://www.acas.org.uk)

    If push comes to shove consider using a county court rather than an employment tribunal. IMO it's better route, but others here will disagree.

    Comment


    • #3
      Re: Holiday Pay - Deduction in Pay rate

      Thanks des8.

      The number of hours I work don't change as I am working on full time basis (36.5 hours per week). The only change is if I take a paid day off during the week.

      I have got in touch with ACAS too and the agree with me too.

      Thanks for the suggestion about county court. I have recently been in touch with a few solicitors too. Will ask them more about this, so fingers crossed it all goes well.

      Comment

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