Holiday pay - pro rate - based on contract or actual hours?

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  • getmore4less
    getmore4less Posts: 46,882
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    liney wrote: »
    Then what happens when the OP comes to book holidays? Does he book only 7 hours, does he accept overtime then book it off too? Does he fiddle the system, refuse overtime that week, and effectively get more holidays in weeks than everyone else? Complications...

    I think the point of averaging out over the previous weeks i that hours don't matter

    You book a day and get the days rate calculated on the average hours over the previous weeks

    Definately worth looking at a more flexable contract with increased hours or one that pays based on hours worked.

    If you don't work every day every week then they could probably just get the holiday pay paid.

    My OH works a zero hours contract and the NHS pays the holiday on hours worked as you work them.


    One other point since you are contracted to only work 7hours(one day?) then you should have total controll over the extra time and be able to work when you want, if the employer controls the days you work and does not give you the choice of not working any of the extra days then that probably makes them implied contractual hours anyway.(one for an employment expert, ACAS).
  • liney
    liney Posts: 5,121
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    I think the point of averaging out over the previous weeks i that hours don't matter /

    So you tell the OP you have worked 15 hours on average over the past 12 weeks so if you want a week off you need to book 15 hours..... and he retorts "But i'm only contracted to 7 a week, so why should I book more!"

    However, if you let him accrue at the "average" rate, but he only has to book at the 7 hours a week rate, he ends up with proportinately more holiday then everyone else.

    Am i missing something here?
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • LittleVoice
    LittleVoice Posts: 8,975
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    The real question is if someone with contracted hours of 7 a week wants a week off and be paid for it, how much will be paid? It will be seven hours.

    In the original scenario though, in reality the working time is more like 28 hours. So, getting those 28 hours as holiday will result in only getting pay for 7.

    It isn't really "fair" - given that a temp working variable hours would have holiday based on whatever hours/pay had been worked/earned in the previous 12 weeks.
  • liney
    liney Posts: 5,121
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    The real question is if someone with contracted hours of 7 a week wants a week off and be paid for it, how much will be paid? It will be seven hours.

    In the original scenario though, in reality the working time is more like 28 hours. So, getting those 28 hours as holiday will result in only getting pay for 7.

    It isn't really "fair" - given that a temp working variable hours would have holiday based on whatever hours/pay had been worked/earned in the previous 12 weeks.

    A temps holiday pay is not based on overtime either. If they work 40 hours then do a Saturday as overtime they are not counted as working 6 days that week.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • LittleVoice
    LittleVoice Posts: 8,975
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    liney wrote: »
    A temps holiday pay is not based on overtime either. If they work 40 hours then do a Saturday as overtime they are not counted as working 6 days that week.

    No - but then the statutory minimum holiday calculator only calculates holidays based on weeks of up to five days. A full-time employee whose hours were spread over six days, also doesn't get extra days when multiplying by 5.6.

    The OP is probably working 4 days a week and being paid 4 x £x for that but having paid holiday only at the rate of 1 day a week, 1 x £x.

    There is no doubt that they can have the time, it is the recompense for that time which is unfair.

    I work as a temp and work variable hours according to the requirements of the job but all those hours are M-F, counted as regular hours and paid at my regular hourly rate whi. If I worked at the weekend, I would expect a higher hourly rate to compensate.
  • liney
    liney Posts: 5,121
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    No - but then the statutory minimum holiday calculator only calculates holidays based on weeks of up to five days. A full-time employee whose hours were spread over six days, also doesn't get extra days when multiplying by 5.6.

    The OP is probably working 4 days a week and being paid 4 x £x for that but having paid holiday only at the rate of 1 day a week, 1 x £x.

    There is no doubt that they can have the time, it is the recompense for that time which is unfair.

    I work as a temp and work variable hours according to the requirements of the job but all those hours are M-F, counted as regular hours and paid at my regular hourly rate whi. If I worked at the weekend, I would expect a higher hourly rate to compensate.


    In my experience, a temporary worker who worked 3 on 3 off, or similar (for example) would not accrue holiday if they did an extra shift during the week because it would be overtime, so is therefore not included in the calculations. Overtime by definition, is over and above your contracted hours (or shift pattern) regardless of which days of the week it is done.

    Whilst I agree morally, with what you are saying, the law is not on the OP's side.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • LittleVoice
    LittleVoice Posts: 8,975
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    liney wrote: »
    In my experience, a temporary worker who worked 3 on 3 off, or similar (for example) would not accrue holiday if they did an extra shift during the week because it would be overtime, so is therefore not included in the calculations. Overtime by definition, is over and above your contracted hours (or shift pattern) regardless of which days of the week it is done.

    Well, I accrue paid holiday entitlement on all my hours during a week. I don't believe that is unusual. - LV

    Whilst I agree morally, with what you are saying, the law is not on the OP's side.

    If you read my posts you would see that I never said the law was on the OP's side - I have countered others by saying that this permanent member of staff's holiday would be calculated on their contracted hours. - LV
    ..........
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