Am i entitled to paid holidays on a 1 hour contract?

[tragictramp]

Hi people,

 

i have been working as a postman since march this year on what is classed as a 1 hr contract which basically means i am guaranteed 1 hr of pay per week even if their is no work for myself, but i on average have done 20-30 hrs per week, i have been told i am not entitled to holiday pay other than the 1 hr which i am contracted to per week. On reading several websites on staff even on 0 hr contracts that they are entitled to 1 hr paid leave per 12 worked as it is gained pro rata.

 

basically who is correct as im sure im being ripped off 1 way or another

 

cheers

 

kris:cry:

[version302003]

The 1hr contract does not reflect the number of hours you are expected to work and was not intended to when the contract was written. The 1hr is the minimum "they will offer you" but as you have worked more on a permanant basis "they have offered" you more. Its not comparable to a "39 hr p/week" contract as that contract is a "number of hours required to work per week" not "the minimum they are offering".

Casual or irregular working patterns

 

If you work casually or irregular hours it may well be easiest to calculate the holiday entitlement that accrues as hours are worked. The holiday entitlement of 4.8 weeks is equivalent to 10.2 per cent of hours worked. The 10.2 per cent figure is 4.8 weeks' holiday, divided by 47.2 weeks (being 52 weeks - 4.8 weeks).

The 4.8 weeks have to be excluded from the calculation as you would not be present during the 4.8 weeks in order to accumulate annual leave. So if you had worked 10 hours, you would be entitled to 61 minutes paid holiday (10.2 x 10 = 1.02 hours = 61 minutes). The holiday entitlement is just over 6 minutes for each hour worked.

From 1 April 2009 the entitlement is 5.6 weeks, which is equivalent to 12.1 per cent of hours worked. The 12.1 per cent figure is 5.6 weeks’ holiday divided by 46.4 weeks (being 52 weeks – 5.6 weeks). As above, the 5.6 weeks have to be excluded from the calculation as you would not be present during those 5.6 weeks in order to accumulate annual leave. So if you had worked 10 hours, you would be entitled to 73 minutes paid holiday (12.1 x 10 = 1.21 = 73 minutes). The holiday entitlement is just over seven minutes for each hour worked.

 

this was taken directly from the direct gov website

 

Calculating holiday entitlement : Directgov - Employment

 

Your employer should take an average of your hours over the previous 12 weeks and that will be your holiday pay entitlement.

Edited December 18, 2008 by version302003

[tragictramp]

cheers for the info , thats exactly what ive read, so basically royal mail appear to be ripping me off and maybe thousands of 1 hour contractors as none i have met are being paid any holiday benefits, could their be a clause in the contract to remove my standard legal rights?

[elche]

could their be a clause in the contract to remove my standard legal rights?

 

The right to accrue holidays stems from the Working Time Regs. An employer cannot 'contract out' of this element of the regs.

 

Thus if the WTR say a five day worker is entitled to 4.8 weeks holiday per year then that is what the worker should receive.

 

A one day worker would be entitled to 1/5 of this entitlement and so on....

 

The right to the statutory holiday entitlement cannot be contracted out of.

 

Holidays should of course be paid, and the calculation of this payment depends (more or less) on whether you have set or variable hours

 

Hope this helps

 

Che

[gyzmo]

Hi, my flatmate's a posty and he uses this forum here which is dedicated to, well, posties. You may get some specific help there - and union reps too. My flatmate btw says that this is more common as RM are trying to offload staff by making their working life hell.

 

royal mail cwu workers and customers Message board forum discussion news:Home

 

That however does not detract from the excellent advice and work of CAGgers!

[tragictramp]

cheers mate will look at that!

[mariejouse]

Hi im a postie but ive been on light duties in the callers office since july 2008 i am contracted to 25 hours a week and i am classed as part time. I heard through the internet that royal mail employes can purchase extra holiday by giving 3% of their pay cheque every week. I read on their website that this is true for full time employes but is it true for us part timers?

[gyzmo]

See your union rep, they should have all the info.

[mariejouse]

i dont belong to the union will this stop me from being able to get extra holiday?

[gyzmo]

No, just that most posties are with the CWU.

 

In that case ask your manager or try the link I posted above which is a forum specifically for posties.

[patdavies]

I read on their website that this is true for full time employes but is it true for us part timers?

 

Under employment law it is an offence to discriminate against part-time workers.

 

If this offer exists for full-time workers, it must extend to part-time workers.