It is the time of year when it would be advisable to check that your PA’s have not overtaken or undertaken their holiday for the holiday year April 2023 to March 2024.
If they have overtaken or undertaken it, then you will need to discuss with your Funding Body what the best course of action is.
If your PA works irregular hours but they work every week i.e., you submit a timesheet every month then their Holiday Pay accrual will be shown on the bottom of their payslip, under HP Accrual to Date.
If the figure is a negative then this will show the amount in pay that they have overtaken their holiday by, if the figure is not negative then this will show the amount in money, they have left to take for the year up to the end of March 2024.
You will need to take the HP Accrual to Date figure from the payslips and divide it by the employee’s rate of pay to work out how many hours of holiday are left/overtaken.
If your employee has an HP Accrual to Date figure of -£60.00 and they are paid £10 per hour, then this means they have overtaken their holiday by 6 hours.
If the figure is £100.00 and your employee is paid £10 per hour, then this means they have 10 hours of holiday left to take before the end of the holiday year.
For staff that work sporadically throughout the year you will need to work out the annual leave based on the hours they worked on the weeks they provide you with care and work out an average weeks pay. This figure should then be times by 5.6 weeks to get the holiday due. This method needs to be used due to a recent ruling Harpur Trust V Brazel
For more information on the ruling on holiday entitlement, or if you need employment advice please use the links below:
Harpur Trust (Appellants) v Brazel (Respondent) – The Supreme Court
Should you have a holiday agreement within your contracts of employment you may be able to use an alternative method – so please contact your Insurance provider for details of the correct contracts to use for your ‘as and when’ workers.
If your PA works regular hours or you do not submit hours every month as they are salaried, then your PA is due 5.6 weeks holiday per year and you can calculate this by:
For example, if your employee works 10 hours per week the calculation would be:
10hrs X 5.6 weeks = 56 holiday hours per year
Please remember that it is the responsibility of the employer to manage their employees’ holiday time and to ensure that it is being taken appropriately.