Holiday Pay - FAQs - Torbay Council

How has this arisen?

Holiday pay for Casual workers is calculated automatically via the payroll system. The percentage used to calculate this figure has not been amended since 2001 in line with changes to statutory holiday entitlements.
There have been 2 increases in this percentage since 2001 which Torbay Council have not applied, resulting in some people receiving less holiday pay than is due.

How do I know if I am entitled to any additional pay?

You will have been undertaking work as a casual or sessional worker submitting claim forms or timesheet for hours worked and would not have taken holiday (paid leave), or
You may have a substantive post within the council or school and also have done some casual work (not overtime or additional hours in a part-time post).

I don’t think I ever worked as a Casual, so why have I been sent a letter?

There are several reasons as to why you have been sent a letter. Here is a selection of the most common reasons:

You have submitted a claim form for hours worked on a Casual or Sessional basis. These hours may have been worked any time since April 2001 onwards, not just in within the last few years.
When you first started working for the Council, your manager may have asked you to complete a claim form for your hours worked as the deadline for new starters within payroll may have passed for that month.
You may work part time and occasionally work extra hours (perhaps to cover for a colleague who is on holiday or off sick). There are specific claim forms to use for these hours. However, sometimes, the incorrect forms were used to process these hours, and the extra hours you worked were recorded on our payroll system as ‘Casual’ and not Extra Hours.

How much is this additional payment likely to be?

This will depend on how much casual work you have done, and when you have worked.

The two examples below are for illustration only:

3 weeks’ full time work, at £ 6.50 per hour, would result in a holiday pay payment of approximately £20 before tax.
7 hours’ casual work at £ 6.50 per hour would result in a holiday pay payment of approximately £ 1.30 before tax.

The additional amount due to you will be calculated on an individual basis, based on the work that you have done. This will vary from person to person.

Will my payments be subject to Tax & NI?

Yes, as per HM Revenue & Customs legislation.

How do I make a claim?

There are two different processes depending on when you last worked as a sessional or casual worker. Please follow the process which applies to you.

Process A, is for those of you who have received a letter from us concerning this matter.

Process B is for those who believe they are due some additional holiday pay and wish to make a claim .

Process A

You would have received a letter (REF: CWT2/0109) informing you that our records indicate that you may have undertaken casual or sessional work. Please note, however that the casual or sessional work you undertook may have been back as far as April 2001., not just in the last few years

Action required:

If your bank account and/or address details have not changed since you last worked for Torbay Council (or claimed for casual or sessional work) complete section A of the Confirmation of Personal Details form and return it to us in the pre-paid envelope provided.
If any of your personal details have changed since you last worked for Torbay Council (or claimed for causal or sessional work) you need to complete section B of the Confirmation of Personal Details form enclosed with the letter you received.
Your completed form needs to be returned to us in the pre-paid envelope provided within 6 weeks of the date of the letter.
Once your completed form has been received, you will be sent an acknowledgment letter.
The Holiday Pay Team will look into whether you are due any additional holiday pay against the claim forms you completed at the time.
If you are due some additional holiday pay, once verified you will receive your payment in the next available monthly payroll run, directly into your bank account. Payments will be calculated for any casual or sessional work you have completed since April 2001.
A pay slip will be sent out to you confirming the amount which has been paid.

If you are unsure as to whether the work you completed was on a casual or sessional basis please complete the Confirmation of Personal Details in any case, and we will look into your claim for you.

If, after invesitgation it is found that you are not actually due any additional holiday pay we will write to you explaining the reasons why.

Process B

If you have undertaken work on a casual or sessional basis since April 2001 and have not yet been written to and believe you are entitled to additional holiday payments you will need to make a claim in the following way:

Action required

Complete the Casual Worker Holiday Pay Claim form (January 2009).
This form can be downloaded from the Holiday Pay page, or you can collect a form from the Connections offices at Torquay, Paignton or Brixham.
You will need to provide us with:
- Your full name
- Current address
- Contact telephone numbers and/or email address
- NI number
- Date of birth
- Current Bank Account details.
- Details as to when you believe you worked for Torbay Council on a casual or sessional basis and what your job title was.
Return your completed form to the FREEPOST address on the form.
Once your completed form has been received, you will be sent an acknowledgement letter.
The Holiday Pay Team will look into whether you are due any additional holiday pay against the claim forms you completed at the time.
If you are due some additional holiday pay, once verified you will receive your payment in the next available monthly payroll run, directly into your bank account. Payments will be calculated for any casual or sessional work you have completed since April 2001.
A pay slip will be sent out to you confirming the amount which has been paid.

If you are unsure as to whether the work you completed was on a casual or sessional basis please complete the Confirmation of Personal Details in any case, and we will look into your claim for you.

If, after investigation it is found that you are not actually due any additional holiday pay, we will write to you explaining the reasons why.

How is my personal data protected under Data Protection Act?

The collection, processing, maintenance and retention of any personal data which Torbay Council processes, is governed by legislation such as the UK Data Protection Act, 1998. As part of its obligations under the UK Data Protection Act, 1998, Torbay Council is required tolet you know why we are asking for your information and other details related to the processing of your information.

The purpose for which we are requesting your personal details, or asking you to confirm your personal details is simply to ensure that the right people receive any money owed to them, and that we can verify that the existing information we hold is still valid. Your details will not be used for any other purpose. From time to time, if necessary whilst undertaking audit work, your personnel file may be viewed by representatives from HMRC, members from out Internal Audit Team, or our external auditors.
The information you provide in relation to the purpose detailed above will be processed in accordance with the UK Data Protection Act, 1998, any other applicable legislation and the Council's policies and procedures. If you wish to access your personal information at any time please write to:

Jane May
Human Resources
Torbay Council
Town Hall
Castle Circus
Torquay
TQ1 3DR

If you have more in-depth questions that you feel has not been answered here, please submit them together with your claim or confirmation form or email holidaypay@torbay.gov.uk

Contact Holiday Pay

Tel: 01803 207201
Email: holidaypay@torbay.gov.uk
Fax: 01803 207379

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