Holiday Pay Advice

Discussion in 'Employment & HR' started by KJ2305, Aug 15, 2019 at 7:50 PM.

  1. KJ2305

    KJ2305 UKBF Newcomer Free Member

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    Hi, I wonder if someone would be able to give me some advice.

    I have an employee who works 4 days each week and one day of this is one hour less working hours.

    The employee took a holiday on the day he works less and as such we are going to pay him the hours he should have worked. However, they are disgruntled and say we should pay him the full day he works the other days as he could have taken the holiday that day rather than on the day he works less. He thinks he is been done by 1 hour.

    Where do we stand by this as our holidays are done in days and not hours and this is outlined in the contract.

    Thanks in advance.
     
    Posted: Aug 15, 2019 at 7:50 PM By: KJ2305 Member since: Aug 15, 2019
    #1
  2. Employment Law Clinic

    Employment Law Clinic UKBF Big Shot Full Member - Verified Business

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    Regardless of what your contract says, the law doesn't necessarily require holidays to be taken in days.

    You could post details of the contract here, but these are always snippets that you think are relevant, often missing out other important details.

    Perhaps you should calculate this employee's holidays based on hours, and deduct X hours appropriate to what hours they would have worked on days they take leave.

    Despite what I say above, I don't understand why he should be upset - one assumes he has the same pay as normal, which is what holiday pay is intended to achieve. Is he expecting extra pay for taking a holiday? If so, he should be told he needs to take a longer holiday...


    Karl Limpert
     
    Posted: Aug 15, 2019 at 8:32 PM By: Employment Law Clinic Member since: Aug 10, 2009
    #2
  3. KJ2305

    KJ2305 UKBF Newcomer Free Member

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    Yes he wants to be paid 8 hours for the day we only work 7 as he says he could have had the holiday on one of these days and he is loosing an hour of his entitlement.
     
    Posted: Aug 15, 2019 at 8:41 PM By: KJ2305 Member since: Aug 15, 2019
    #3
  4. Employment Law Clinic

    Employment Law Clinic UKBF Big Shot Full Member - Verified Business

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    The purpose of holiday pay is to be compensate for leave taken – to ensure there is no discouragement to taking leave, due to losing pay. This condition appears to have been satisfied; getting extra pay is not part of the deal.


    It would be sensible to restructure the leave, perhaps so that it is taken in hours, not days, and if he’s new, it would be sensible to give him a long holiday – petty attitudes like this are often a portent.



    Karl Limpert
     
    Posted: Aug 15, 2019 at 9:23 PM By: Employment Law Clinic Member since: Aug 10, 2009
    #4
  5. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

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    He's absolutely right.........but......... He 'could', but he 'didn't' ;)
     
    Posted: Aug 16, 2019 at 12:40 AM By: Lucan Unlordly Member since: Feb 24, 2009
    #5
  6. Newchodge

    Newchodge UKBF Big Shot Free Member

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    How would you feel if he only took holidays on the longer working days?
     
    Posted: Aug 16, 2019 at 9:39 AM By: Newchodge Member since: Nov 8, 2012
    #6
  7. NicoJ

    NicoJ UKBF Regular Free Member

    103 14
    Has he actually received less pay for the week where he took a holiday? If he has, then I understand his point.
     
    Posted: Aug 16, 2019 at 11:17 AM By: NicoJ Member since: Mar 27, 2017
    #7