Hello, sorry I could not access the site for a while due to some technical difficulties, it appears to be resolved now so I will continue assisting you with your query.
Using a simple formula to divide the hour worked by 52.14 is incorrect as that also includes the time the worker would have spent on annual leave. So for an accurate calculation the employer should remove the annual leave entitlement the worker would get from the total number of weeks to arrive at a lower figure for the weeks actually worked.
The issue is that there are various ways to calculate that and they could also give different answers so there is no single or easy way to do it. You may have a look at this document which deals specifically with term-time worker and the issues relating to calculating their holiday pay:
Another common method is the following:
1) Multiply your weekly contracted hours by the number of weeks you actually work: e.g. 20 hours X 39 weeks = 780 working hours for the year.
2) Calculate the average hours you work each week by dividing your hours for the year by 46.4 e.g.780 divided by 46.4 = 16.81
3) Then multiply your average working week by the holiday entitlement. e.g. 16.81 X 5.6 = 94.13 hours
4) Amount payable = 94.13 X normal hourly rate.
If these more accurate methods are used then the enhancement would not apply as you are already getting what you should be paid – the employer could be using the enhancements to bridge the gap between using the annualised hours method and other more accurate methods but they are not legally obliged to pay such enhancements if they use one of these more accurate methods.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
the issue is that whatever method you show them (and there are a few) you cannot force them to amend it unless you get a tribunal or a court to order them to do so. Therefore, you are able to pursue this internally through the grievance process but if the employer does not budge your hands are somewhat tied (even if you are right) and the only thing you can do is make a claim in the tribunal to have the matter clarified. If there is a group of you and if you have union support then that may be the best option to try and resolve this
you are welcome, all the best