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Working Hours/Holiday problem


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Hi there peeps, just a quick couple of questions to see whether I would be in my rights to question my employer on this issue.

 

1) I work for a very large company and am a part time worker, my two working days a week are monday and tuesdays. On mondays I work 9am-5.30pm.

 

The problem I have is with bank holidays as obviously they always fall on Mondays. We are firstly told anyway that all part-timers who work on a Monday have to book it off as holiday on a compulsory basis but we have been told that we get extra holiday allowance as a result of this? I'm not questioning this part at all, just giving you the full picture!

 

The problem I have is that we are all rota'd in to work one bank holiday a year. The company chooses to have opening hours of 9am-5pm on a bank holiday. All part-timers who work past 5pm on a Monday and are working their scheduled bank holiday have since been told we have to take the extra time after 5pm as holiday or make up the time, even though it is the company choosing to shut early?! This seems extremely unfair to me seeing as I would work until my normal finishing time if I could.

 

I have been part time at this company for 3 years and have never been asked to do this before. I know it seems like a petty thing to argue over seeing as it's just half an hour, but I'm also asking on behalf of other colleagues who usually work til half past 6 or even 7 o clock. The company has taken a strange turn in recent months and where it used to be a nice place to work it is slowly changing for the worse and this is one of the things making it so. It's the principle of it really.

 

Do I have any leverage to say I'm not making the time up or taking holiday seeing as it's the company's choice to shut early not mine?

 

2) My other question revolves around emergency dependant leave for part time employees. I was half an hour late into work one morning because I had to rush my little boy into the doctors to get some antibiotics as he had a dangerously high fever with tonsillitis. I left him with my MIL and made it to work, yet they are saying at the moment that I am entitled to 4 days emergency dependant leave and have to either take a full days leave or make the time up? I checked in my employee handbook and it says emergency leave for dependants is pro-rata'd in hours for part time employees just the same way holiday is so in my mind this means I should be able to take just the half an hour? It stings a bit as I could've stayed home all day but I made the effort to get in when I didn't want to leave my little boy as he was so unwell and they seem to be getting difficult about it.

 

Anyway sorry about the essay, any advice would be much appreciated!

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1) If, when you work on a bank holiday, you are still paid for a full day even though you work half an hour (or whatever) less; it seems reasonable for your employer to expect you to make up the lost time on another day.

When you work on a bank holiday it becomes just another normal working day and I expect that if you finished early (for whatever reason) on any other normal working day they'd expect you to make it up then too.

 

2) You used the time off for dependents exactly the way the Statute intends.

i.e. dealing with the emergency and arranging care for your son.

There is no statutory right to pay for this.

 

It appears that your employer allows up to 4 days contractual emergency leave for dependents.

Does the handbook stipulate that emergency leave must be taken in full days?

Is this emergency leave paid or unpaid?

Is it entirely separate from your holiday entitlement?

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Hi mariefab,

 

Thank you for your reply.

 

I was under the understanding that our salary is an annual one which includes working one bank holiday a year, so I don't think we actually get paid a full day when working any less if that makes sense because the one instance of 9-5pm is included in our annual salary? I hope I am understanding that right as it might be wrong. All employees are contracted to work one bank holiday so in my understanding it should be factored into all our annual salaries whether they are pro rata'd or not? Hope that makes sense.

 

On the other issue I will check my employee handbook and get back to this thread on Monday.

 

Many thanks

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