holiday pay

[SusieQ33]

I work in a pre-school and am paid an hourly rate. The pre-school is open 9 -12.00 noon and I have to start work at 8 am to get the hall ready for the children. My employer says that my holiday pay only includes the hourly rate for 9-12.00 and the 8 -9 am hour is overtime and not included in holiday pay. As I have to work from 8am shouldn't this form part of my contracted hours and therefore be included in my holiday pay entitlement?

 

Help appreciated

Edited February 24, 2010 by SusieQ33
spelling error

[mariefab]

If you always work from 8-12 then you should be paid for 4 hours/day when you take your holidays.

[elpulpo]

Are you paid from 08.00 to 09.00?

[SusieQ33]

Hi there

Yes I am paid from 8-9am so I think that this should be included in holiday pay as it is a requirement of the job to get the hall ready for the children to come in at 9am.

[BeauBrummie]

Hi Susieq.

 

What do your Terms & Conditions of Employment say about the number of hours that you are contracted to work?

 

Are you paid a salary for those contracted hours?

 

Was it accepted practice that you had to start your duties at 8.00 am when you started in that position.

 

My gut feeling is that if you are on a Salary you will have grounds for a Grievance or if you are on a variable hours contract then you should get the extra hour included in your holiday pay by right.

 

Beau

[SusieQ33]

Hi there

Thanks for replying

My work schedule states

Hours of work: Mon 8am to 12.00pm

Tues 8am to 12.00pm

Wed 8am to 12.00pm

Thu 8am to 12.00pm

Fri 8am to 3.15pm

 

At the bottom of the schedule is says '' only contracted hours are included in the holiday pay '' Sometimes if someone can't work staff will cover so that is overtime but i can't see that if it is on your schedule it can be classed as overtime.

In my job description it states that I have to help set up the hall in the mornings.

The pre-school opens at 9am so my employer - the chair of committee ( we are a committee run pre-school ) says that 8-9am is classed as overtime!!!

I think that she is wrong

 

thanks for your help

Edited February 25, 2010 by SusieQ33
added a bit

[honeybee13]

Hi Susie. From what you've just posted, it reads to me that you work 8am-12pm most days. If it's in your contract, doesn't that make them errrm.. 'contractual hours'?

 

It sounds as if the chairman is rewriting the rules, or trying to, but it's law. Maybe she thinks setting up the hall isn't actually work? The logic baffles me - I can't wait to see Elpulpo's reply to this one!

[Bigredbus]

All as been said 'SusieQ33'...

 

One question though, 'SusieQ33'...

 

How is your holiday entitlement calculated and how is it paid?

[SusieQ33]

Hi there

As we only work for 38 weeks a year ( term time only ) we get the 5.6 weeks holiday entitlement at a pro-rata rate. We are paid it on the last friday in August.

Hope this helps

[Bigredbus]

As already mentioned by others previously, you have a schedule of contractual hours... and as you said it yourself, 'she is wrong'... and you are right... therefore your holiday pay should be paid according to those contractual hours... and nothing less.

 

Thank you for the clarification in your last post.

[BeauBrummie]

Hi there

As we only work for 38 weeks a year ( term time only ) we get the 5.6 weeks holiday entitlement at a pro-rata rate. We are paid it on the last friday in August.

Hope this helps

 

Assuming you are paid for all hours you are there per week ie 23.5. Your Statutory Holiday pay per your Contracted hours should be 96.18 hours

 

Calculated as 38 x 23.5 x 10.77%

 

IMO anything less than that and you are not receiving your full holiday entitlement, and you have good grounds to raise a grievance.

 

Beau