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Help with dodgy employer Holiday Pay tactics

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Hi Everyone

 

First post as I just moved to London form Australia (British Citizen though)

 

I've been doing a christmas temp position and begun by signing a contract that stated that I have remaining 5.5hrs of annual leave (before we had even started). I've since worked up to 40 hours a week and just been told that I don't get annual leave on those hours, just the 5.5 that we signed for on the training day.

 

Info:

It's a 12 hour contract FYI (they said this was only because it made it more flexible) and although the hours I've been working have been much more.

The contract states that my employment was expected to end on 24/12/2012 although I've since continued to work there without signing any new contract.

The contract was supposed to be in conjunction with the Employee Handbook but this wasn't given to me until after the contract was signed. (Not sure if relevant)

 

Any help is much appreciated. I'm new to the laws and really need this holiday pay to help me through until I find a new job as I think they will be letting me go after the sales.

 

Cheers

 

Dave

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So if you're paid statutory minimum holiday, you've accrued around 2.5 days or 20ish hours based on a 40 hour week... And I guess you had some paid time off over christmas? If you were paid for any of those days, deduct that and see what you have left. They can't opt out of paying you statutory holiday entitlement!

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Thanks for your quick response. Can you confirm that the contract I signed at the beginning of my employment saying that I only have 5.5 left doesn't override this? Do you have a source I can quote/read?

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Sorry but other than pointing them to the Working Time Regulations 1998, I'm not sure what else you can quote!

 

Just to clarify, though - were you paid to be off for Christmas or Boxing Day? If so, it needs deducting from the statutory entitlement.

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Great thanks. What I really need though is confirmation that the contract doesn't override this as they are saying that what i signed overrides that.

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you can't sign away a statutory entitlement or it wouldn't be statutory but I don't know where you would find that written down specifically about holidays as its in the category of "just obvious"...


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Ok thanks heaps. Ill start with that and check back in with the results. Your help has been invaluable. I love this website too.

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I'm afraid that you only accrue holiday entitlement on your contractual hours (unless your contract states that compulsory overtime must be worked).

So, based on your 12 hour contract, you accrue a statutory minimum paid holiday entitlement of about 1.29 hours for each week worked.

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Yes this is what they have been telling me but I don't find that in Working Time Regulations 1998. Is it somewhere else.

What happens to the hours I work when my contract is up (or did it not end on the 24th?)

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I'm afraid that you only accrue holiday entitlement on your contractual hours (unless your contract states that compulsory overtime must be worked).

So, based on your 12 hour contract, you accrue a statutory minimum paid holiday entitlement of about 1.29 hours for each week worked.

 

Hmm, I don't know. Contractual holiday should indeed accrue, but I'm wondering if there's a legislative clash here, as it still technically should accrue for hours actually worked on either a zero hours contract or for those with worker status... I'm just not sure of the legal reference :)

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I agree, Becky, that someone on a zero hour contract should accrue holiday entitlement on all hours worked.

 

Dave

Section 16 of the Working Time Regulations directs you to sections of Part 14 of the Employment Rights Act in order to discover what payment you're entitled to for your holiday entitlement.

 

http://www.legislation.gov.uk/uksi/1998/1833/regulation/16/made

 

Your contract is only for 12 hours.

I assume that you have been paid for the additional hours that you've worked between 12 and 40.

These additional hours would be classed as overtime; whether they were paid at the same rate as your first 12 hours or at an enhanced rate.

 

Unfortunately, your 'normal working hours' are 12. See s.234(1)&(2).

So, in your case 'a week's pay' would be whatever you are paid for working 12 hours. See s.221(2).

 

http://www.legislation.gov.uk/ukpga/1996/18/part/XIV

 

The above is based on the information you've posted here.

It's possible (but unlikely) that your employer may not have sufficiently covered themselves in the wording of your contract.

If you'd like to quote, in full, what it says in your contract about working hours, overtime and holidays; we could check for you.

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I've attached the contract in question. Sorry it's just a photo taken with my phone. If you're unable to read it let me know and I'll produce a better version.

Note the part where we had to sign that we only had 5.5hrs of holiday leave left. This is what is odd to me. Does this mean that the hours I've worked after xmas (i've been kept on for a short while longer that the 'expected termination date') won't accumulate holiday pay? Even the contractual 12 hours. Also, am I still entitled to the 12 hours work & holiday pay after the expected termination date? Sorry for the additional questions and thanks for the help thus far.

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I've attached the contract in question. Sorry it's just a photo taken with my phone. If you're unable to read it let me know and I'll produce a better version.

Note the part where we had to sign that we only had 5.5hrs of holiday leave left. This is what is odd to me. Does this mean that the hours I've worked after xmas (i've been kept on for a short while longer that the 'expected termination date') won't accumulate holiday pay? Even the contractual 12 hours. Also, am I still entitled to the 12 hours work & holiday pay after the expected termination date? Sorry for the additional questions and thanks for the help thus far.

 

Is this Royal Mail per chance?

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12 hours (weeks work) x 5.6 (statutory entitlement weeks) / 52 (weeks in a year) = 1.3 (ish) hours holiday you accrue per week worked.

 

Multiply by number of weeks you worked there

 

If you worked there for just over 4 weeks then 5.5 hours is correct (1.3 x 4 = 5.2 hours)


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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12 hours (weeks work) x 5.6 (statutory entitlement weeks) / 52 (weeks in a year) = 1.3 (ish) hours holiday you accrue per week worked.

 

Multiply by number of weeks you worked there

 

If you worked there for just over 4 weeks then 5.5 hours is correct (1.3 x 4 = 5.2 hours)

 

Ok but I've worked longer than 4 weeks but signed a contract saying my holiday leave was only 5.5 hrs. What then?

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then you get an extra 1.3 hours per week paid leave - as previously stated contract cannot override statutory rights


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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As you've continued to work there after the end date of the fixed-term contract, you will also be entitled to a week's notice.

So, if instead of informing you that your employment will end in a week, they just say something like 'we don't need you any longer after today' you'll be entitled to an extra 12 hours notice pay.

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