Holiday entitlement calculation issue.

A question about : Holiday entitlement calculation issue.

HI, I have posted something similar in another section of the forums as did not notice there was a specific Citizens Advise section.

My issue is that my company currently calculate my pay as if my weekly hours differ, They use the previous 12 weeks to calculate my average daily hours, Now i know this is common practice but my problem is that my weeks do not differ, I work 8hours Monday, Tuesday and Wednesday, Saturday i do 10 hours and Sunday 12 hours, Totalling 47 hours a week, Everyweek for the past 3 years.

The only time that i do less than 47 hours a week is if i am either sick which is unpaid or i need to take any other unpaid time (dependant or parental leave), Now if i want to take any annual leave that has these unpaid days in the 12 week calculation it reduces my daily annual leave hours and therefore pay, If it were a few weeks from that 12 weeks i have had to take unpaid then that will greatly reduce it, Surely this is not right, I should not be in detriment for having Annual leave

i have gone through HR and they have made the decision that i am wrong and they will continue calculating the way they do, They see me as a varying weekly employee when i work at least 47 hours every single week, The only time these hours differ is if i am required to do a little overtime, if there are unpaid days in that week or if i have had annual leave in that week and the average of the previous 12 weeks has been put in for the hours those days.

I am considering going through the Greivence policy but my HR department is making me doubt my position. Am i correct in fighting this?

As said to them i actually am not looking for payment from previous low paid Holidays but if in the Future i ever have have a need to take a long unpaid period off i don't want to have to fight it then.

Best answers:

• If any of the previous 12 weeks was not a full week then it's discounted and week 13 is used then week 14 untill you have a full 12 weeks to make the calculation.
• From what I can remember this is what happened with mine, my housemates and my OH's wages at Wetherspoons.
  We always use to the bulk of our holidays following the Christmas period because then you got good holiday pay.
  Hope this helps.