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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am in dispute with my employer regarding holiday pay. They

Customer Question

I am in dispute with my employer regarding holiday pay. They calculate their payment using a 12 week average of past pay. They pay 28 days but tge hours fall 70 approx. short of the .Gov.uk calc. Would I be best to use small claims court or Employment Tribunal. This is likely to affect upcoming redundancy payment as well.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. Do you work irregular hours?
Customer: replied 1 year ago.
Zero hour contract
Regular hours plus some overtime
Expert:  Jenny replied 1 year ago.
ok so how do you believe the hours should be calculated?
Customer: replied 1 year ago.
Regular hrs are 33.5 per week but I use the holidays for another part time job with irregular hours. Because each paid holiday equals 4 hrs (less than any day that I actually work) future calculations are made incorrect.
Expert:  Jenny replied 1 year ago.
I'm not sure I understand entirely what you are saying. Are you saying that you always work 33.5 hours per week? If so there is no need for the employer to use an average of 12 weeks and even if they did it would not make a difference to your entitlement. In the event that they have incorrectly calculated your hours and you have been underpaid holiday pay you should first raise a written grievance, if that does not work you should then contact ACAS to commence Early Claim conciliation (you will find details at www.acas.org.uk). ACAS will then try to help you to resolve the dispute without the need to go to tribunal. If this does not result in a resolution you should bring a claim in the Employment Tribunal for breach of the Working Time Regulations. You will find the form at www.employmenttribunals.gov.uk If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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Customer: replied 1 year ago.
The problem is not the averaging it is that the total paid hours for the last two years is around 110 when gov calculator for 33.5 hrs is about 180. So I am owed 70hrs pa because each holiday is paid for 4 hrs when it should be 6.5
Customer: replied 1 year ago.
A normal week is 33.5. It is only less due to holidays or illness. Sometimes more with a little overtime.i have it in writing from my manager what my expected hours are.
Expert:  Jenny replied 1 year ago.
You should definitely persue it all the best.