Zero Hours Contract and Leave Entitlement

[mariefab]

Perhaps go back to basics and ask them to explain how you can be both present at work and absent on holiday on the same day.

[Feebee_71]

Thanks Mariefab,

 

I have asked them to confirm how, if the 12.5 includes 5 bank holiday allowances and I've taken 12 days I am being penalised to the tune of an additional 4 days - will wait to see how they explain it away before I do anything else!!

 

I know I had New Years Day off so lose one of the days entitlement but, as my working week includes Mondays and Fridays, I can only lose the additional entitlement when I specifically request days off or a bank holiday falls on my day off (Thursday) if what they say is correct. I still feel as if I'm losing out somehow as, if I didn't work a Monday and lost all the bank holiday entitlement that you gain for them, I'd not get the 5.6 weeks paid leave a year the government says we're legally entitled to!!

 

Perhaps I just over complicate things!, when I worked for the NHS we got pretty decent leave allowance - I was up to 26.7 x 12.5 hour days a year paid leave including bank holidays, now it's almost as if I should accept less than the government has legislated for!!

 

I will update when I receive any further replies from work!,

 

Feebee_71

[mariefab]

The problem is that your employer is confusing holiday entitlement and pay.

They think that, as you get 2 days pay when you work on a bank holiday, they can deduct 1 day from your holiday entitlement.

They are wrong.

Your holiday entitlement is the number of days you are entitled to be paid to be absent from the workplace. The statutory minimum for someone working 5 days a week is 28 days.

Whether or not you have a right to enhanced payment for working on bank holidays/overtime/whatever is an unconnected contractual matter.

Edited October 2, 2013 by mariefab

[Feebee_71]

Thank you Mariefab,

 

That has put it so clearly and I a nutshell! At one point they were saying it was 22 days leave total, end of discussion but do seem to have accepted that we get some entitlement for bank holidays as well!!

 

I just hope my questioning at work doesn't get me labelled as trouble - though they love me because of my background as a nurse so I don't think it will lead to me getting zero hours work!!

 

Feebee_71

[mariefab]

Perhaps you could present this as concern that they are being badly advised, thus unwittingly exposing themselves to potentially expensive liability.

[Feebee_71]

Once again, thank you. It certainly is a way forward- especially as I was considering who to refer the company to if we don't get our 28 days leave as entitled!!

 

Feebee_71

[Feebee_71]

This is the latest update from work.......

 

"The 12.5 days entitlement (Jan to May) was calculated on 30 leave days a year. If you work bank holidays you are paid at the enhanced bank holiday rate and this counteracts the days holiday ie you are not offered days off in lieu of banks worked. So in essence, as you worked 4 bank holidays in that period, you should only have been paid for 8.5 days leave and not 12.

 

As you were paid for 12 days that resulted in a deficit of 3 days carried over to the new year."

 

So they are saying that, I get 30 days leave a year if I work 37.5 hours a week, then they go on to say that, if I work a bank holiday, the don't give a lieu day but pay me double time AND deduct a day from my annual leave entitlement!! WTF? Excuse my language but, surely, if I take a bank holiday off they deduct the day but if I work it I should still have the day available to take??

 

Who do I go to to complain about this as it meansI'm only going to get 22 days leave a year if I work all the bank holidays!!

 

Feebee_71

[mariefab]

Do you have a written contract? If so, can you type out exactly what it says regarding holidays.

[Feebee_71]

I have got one but can't get access to it until tomorrow at the earliest but then I will post what it says about holidays.

 

Feebee_71

[Feebee_71]

Sorry for delay in posting this but here is what my contract says about holiday entitlement.....

 

You are entitled to 22 days holiday during each year, this rises to 23 days after 2 years service, 24 days after 4 years service and 25 days after 5 or more years. This excludes the usual 8 public holidays in England and Wales. Prt time or reduced hours workers will receive the pro rate full time equivalent. During your holidays you will be paid your average remuneration in the 12 week period preceding the start of your holiday as calculated in accordance with the Employment Rights Act 1996. The company's holiday year runs between December and January (this is exactly what it says. Leave year has now been amended to cover June-May.) if your employment commences part way through the holiday year, your holiday entitlement during your first year of employment shall be calculated on a pro rate basis [rounded up to the nearest whole day].

 

You shall give at least 2 months notice of any proposed holiday dates and these must be agreed by the Care Manager in writing in advance.

 

If for any reason you do not take all of your holiday entitlement in any holiday year, we shall not increase your holiday entitlement in any subsequent year or make payment in lieu, except as provided in clause xx.

 

On termination of your employment you shall be entitled to be paid in lieu of accrued but i taken holiday.

 

If you have taken more holiday than your accrued entitlement at the date of termination of your employment, we shall be entitled to deduct the appropriate amount from any payments due to you.

 

We may require you to take any outstanding holiday entitlement during your notice period.

 

That is all of it, word for word as it appears in my contract.

 

Feebee_71

[mariefab]

OK

No matter what they've said in earlier communications, your contract doesn't say what your entitlement is regarding bank holidays.

It just says that they're not included in the 22 days.

So, I don't think that you'll be able to hold them to their earlier statements that you're entitled to 30 days holiday entitlement.

 

However, they can't give you less than 28 paid days off.

So, they can only use the 'we paid you double time instead' excuse for 2 of the worked bank holidays in any year.