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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49866
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have had an ongoing problem with calculation of pay for

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We have had an ongoing problem with calculation of pay for 2 years,for some it has been 4 years.Basically we are all school term time only. Our holiday entitlement is calculated by using annualised hours. Most of us are part time.They divide our hours worked by 52.143 and use this to calculate holiday entitlement .But a full time person does not work 37.5 hours per week for 52 weeks of the year because their holidays are already incorporated within their years pay.
Also they do an enhancement because when we are off on leave this is treated as service and also accrues annual leave.
My question is two fold
1 /is the use of annualised hours to calculate holiday pay correct?
2 /If not ,if the holiday entitlement is worked out more accurately by comparing hours actually worked by a full time person and their holiday entitlement and hours worked by part timer and their corresponding holiday entitlement, does the enhancement still apply?
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What does the contract say about this matter?
Customer: Basically there is no mention of it in contract ,only the hours per week and is school term time only. There is a policy but that does not mention how the calculation is to be made
Customer: I work 22.8 hors a week ,school term time only. What they do is work out how many days you have worked in your council area,and then divide by 52.143 to get average number of weeks over the year and use this to calculate holiday entitlement.
Customer: However comparison with a full time employee would require hours actually worked by full time compared to our hours worked.
Customer: Sorry should have said average number of hours over the year
Ben Jones :

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

Customer: They have admitted that their method is inaccurate but are refusing to change anything.They pay you rs as a full year person then do a deduction which is based on the time the weeks the school is shut minus your leave entitlement.This method is prone to errors and the days you work can differ from year to year and from area to area.
Customer: The enhancement is because paid leave itself accrues holiday entitlement. I do not understand why this then is still not the case even if a more correct method is used to calculate pay.
Customer: Also the policy states that public holiday entitlement should be rounded up to nearest half or whole day. They ignore this too.
Customer: Because of the deduction process ,if the holiday entitlement is incorrect (too little) then the deduction becomes larger.
Customer: I reckon the most accurate is to compare your number of hours worked to a full time persons with their annual leave removed.
Customer: I have the Unison document you have advised thanks.
Ben Jones :

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

Customer: U
Customer: Thanks
Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49866
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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