We have a group of staff that are paid a basic hourly rate plus commission.  Their holiday pay is calculated on an average of their previous 12 weeks pay.  

We now have a member of this group who has been on long term and has exhausted their sick pay entitlement but wants to use their holiday days to ease their return to work.

Payroll are telling me the holiday days would be unpaid as the average pay for the last 12 weeks is zero.

I don’t think this is right and would welcome any help.

I was thinking we should use the last 12 weeks that the employee was actually paid.

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