Help needed on holiday entitlement rights on overtime worked

[slimliz30]

Hi all

Writing on behalf of my wife she works for a company seasonal where she has a 4 month contract  (Dec to march ) on 24 hours per week then the other 8 months is a 32 hour contract she has since March worked over 190 extra hours since March .

The Company are saying that she cannot claim for additional holiday hours because of her contact which to me is not correct .

I heard that a law case was heard in Scotland regarding this not sure if it will make any difference.

Any help and advice will be really appreciated.

Thanks all

 

 

[Emmzzi]

Hello,

more detail, please?

Does her contract say she is hourly paid, or does she do "hours required to do the job" with an indication of how many they might be?

What exactly does it say about holiday entitlement?

Is she trying to take additional leave at an inconvenient time, and they want her to take it off season or has something else happened?

Thanks!

[slimliz30]

Hi Emmzzi..

Thanks for your response it says £ per hour....wage rate..Says you are paid on the basis of a week of 5 days.

Holiday Entitlement it says.....year runs from January to December  full annual Entitlement is 28 days inclusive of Bank Holidays.it says look at company handbook regarding holidays but cannot find it so will ask company for a copy,

they are saying not entitled to it but are paying part timer's on 16 hour contracts who are getting additional holidays but not her.

 

just wants to know why she is not getting it keeps bieng side tracked.

 

thanks

[Emmzzi]

So we need the wording from the contract and handbook on hours and holidays, what she has asked for, in detail, and what the response she got was. exact wording.

 

 

Em

[slimliz30]

Hi emzzii

i am copying a section of holiday from  my wife’s handbook hope this helps. Sorry can add picture.

where your hours or pay fluctuates your holiday pay will be paid at a average weekly rate using 12 whole weeks (Sunday to Saturday ) preceding you leave where any work was completed.

Whole weeks where you did not work will not be used in the calculations of the average where you have less than 12 such weeks the average will be calculated using all such week’s available.

any other things you need to know please let me know.

thanks for your help.

 

[slimliz30]

She had asked why she is not getting accrued holiday entitlement at present no response been a long time.

[Emmzzi]

thanks, that's very helpful. One last thing - sorry, the devil is always in the detail! Does that section say it applies to certain kinds of contracts eg zero hours/ casual, or to everyone?

 

I think the handbook is out of date as the reference period is now 52 weeks, not 12

Edited August 23, 2023 by Emmzzi

[slimliz30]

it says nothing within the handbook regarding certain kinds of contracts so assuming for everyone  will ask about rule book

 

again Thanks

[Emmzzi]

So it does sound like she is due some extra time off/ paid holiday.

When you write this..

The Company are saying that she cannot claim for additional holiday hours because of her contact which to me is not correct .

What exactly happened? What did she ask, to who, and what was their reply? All verbal, or in writing?

 

I would ask in writing. For example,

 

"Could you kindly explain my annual leave calculation? My understanding is that my entitlement is 28 days, including bank holidays - pro rate over the year due to my part time hours.

However, the hand book says

"where your hours or pay fluctuates your holiday pay will be paid at a average weekly rate using 12 whole weeks (Sunday to Saturday ) preceding you leave where any work was completed."

Further, I understand the law with regard to reference periods has changed from 12 to 52 weeks.

Could you advise how may additional hours leave I have accrued due to the (number) hours overtime I have worked since January? And when I may be able to take these."

 

 

[slimliz30]

Thats great thank you for your help will do this straight away.

 

again thank you.