If one works irregular hours in the UK one can calculate the holiday pay by calculating the average hourly pay over the last 12 weeks of work.
I quit my job (I worked 4 days a week, 8 hours a day) at the end of April and want to calculate the holiday pay for the pending holiday entitlement. Since my salary was just above the National Minimum Wage, which went up in April 2019, the average hourly pay over the last 12 weeks would be lower than the current National Minimum Wage.
In the last 12 weeks of work, I worked 37 hours for 8 pounds an hour and 16 hours for 8.50 pounds an hour.
which makes an average of 8.15 pounds an hour.
The current National Minimum Wage in the UK is 8.21 pounds an hour. Is it legal for my employer to pay holiday pay which is lower than the current National Minimum Wage or does he have to pay me at least 8.21 pounds per hour for holiday pay?