Holiday Entitlement.

snodgrass

I wonder if any of you can advise.Last December all in our work place of a care home in North Wales were given our holiday entitlements for this year January-December,by our employers.They were supposedly based on these new holiday days allowed,4 days last year,4 days this year.
My contracted hours are 33 per week over 3 nights.So the entitlements given last year by our employers,to me was 176 hrs over the year,5 weeks and 1 day.
On this understanding i have already taken one weeks holiday and booked the other weeks in advance for the rest of the year,based on the 176 hours given.2 weeks at the end of the year is a holiday booked and paid for.
Now,last week we were given a contract,our first with the company,considering they took us over 2 years ago.In it,it says my working week is 33 hours,which is correct.But my holiday entitlements are 138 hrs(including Bank Holidays).
Can they change your hours like that,in the middle of the year,considering i have already booked all my holidays based on the first document.I would of run out of holidays for my booked and paid for holiday at the end of the year.
I have not signed the contract yet.

I hope i have made my explanation understandable,and not too mumbled.Looking forward to any advice.

LittleVoice

Looking at your entitlement for this year - January to December:

Statutory minimum Entitlement is now 5.6 weeks - but that started in April, not January.
33 hours x 5.6 = 184.8 hours (185 rounded up) and that includes bank holiday allowance
Statutory minimum Entitlement was 4.8 weeks -so applicable January to March 2009
33 hours x 4.8 = 158.4 hours (also including the bank holiday allowance)

(158.4 x 0.25) + (184.8 x 0.75) = 39.6 + 138.6 = 178.2 hours = 5.4 of your weeks

They cannot allow you less that the statutory minimum.

Do you work bank holidays?

snodgrass

Thank you for replying,i only work Thurday,Friday and Saturday's.So never on bank holidays really,only Christmas etc.

surreysaver

snodgrass wrote: »

i only work Thurday,Friday and Saturday's.So never on bank holidays really,only Christmas etc.

So Good Friday, Christmas Day, Boxing Day, New Years Day, then. Only half the Bank Holidays!

LittleVoice

snodgrass wrote: »

Thank you for replying,i only work Thurday,Friday and Saturday's.So never on bank holidays really,only Christmas etc.

OK.

So, as you work in a care home, you may be working on a bank holiday?

If there is a bank holiday on a day you would have worked in the normal course of events but take it as a holiday, you do need to deduct the hours from your entitlement. Otherwise you have the entire entitlement to take when you want (with your employer's agreement of course!)

You ask your employer to explain their calculation and you will also see if they have in some way taken account of bank holidays but probably incorrectly.

snodgrass

Thanks again,so i have got those 176 hours then?I have left a note on the office desk asking for an explanation of how they come about the calculations.But knowing my workplace,i will be called into the office and asked why i am being so awkward and told off,without any explanation,what they say goes.

LittleVoice

snodgrass wrote: »

Thanks again,so i have got those 176 hours then?I have left a note on the office desk asking for an explanation of how they come about the calculations.But knowing my workplace,i will be called into the office and asked why i am being so awkward and told off,without any explanation,what they say goes.

My calculation was 178.2 hours for this year (see my first response to you).

That took no account of how they might be dealing with bank holidays. Did you work New Years Day (Thursday) and Good Friday? Do you expect to work Christmas Day and Boxing Day this year? If you don't work those days but are given them as paid holidays, that would reduce the balance of your statutory minimum paid holidays to 134.2 hours. However, the recent notification you have says 138 hours including bank holidays so they are clearly wrong.

Though you say you now have written contractual documents, it sounds as though it simply says, in relation to holidays, how many hours you are entitled to and not how they are calculated. Given the less than full-time nature of your work, I would have expected some sort of explanation of how it is to be calculated.

A side issue - 11 hours a shift seems high. Do you have a paid or unpaid break during that time? Are you working (that is engaged in work activities) all the time or are you doing some kind of on call work?

cheshirekitty

My guess is that the OP has a 12 hour shift, with 1 hour deducted for break, ie work hours 8pm -8am. This is usual nursing home hours. Hopefully she gets her break, I never did in any of the nursing homes I worked in!!!

snodgrass

I work 12 hours but 1 hour is deducted for so called break,yes.I never work any other days other than those stated,i never do overtime anymore,have not for ages.
If it makes any difference,i am selling up and ,moving back to the West Midlands,maybe be gone for August,the home knows of this,but there is no definite leaving date,and,who knows,i may change my mind and not leave.Could they be working out my holidays on the understanding that i MAY not be here much longer,but they cannot pre-empt when somebody is going to leave,surely.But knowing my home i would not put it passed them.

If you could just give me a definite numbers of hours i am more than likely entitled to,saying i stay there,and do not move.I could maybe try and quote them at work and see what their answer is.

All of your help so far is much appreciated.

P.S. the last bank holiday a few weeks back,i worked,i think i got 7hr time & 1/2 and 4hr normal time,oh it was Easter wasn;t it.

If i am still there in December,i would be working 24th,25th and 26th December.

LittleVoice

snodgrass wrote: »

If you could just give me a definite numbers of hours i am more than likely entitled to,saying i stay there,and do not move.I could maybe try and quote them at work and see what their answer is.

My first post (#2) gave my calculation - apportioning your minimum statutory entitlement allowing for the change in April this year. It's 178.2 hours or 5.4 weeks (your working weeks of 33 hours).

That is for the whole holiday year of January to December 2009.

If you did leave earlier, then you would obviously only be entitled to a pro rata amount.

If you had taken more holiday than had been accrued to the time of leaving, it is likely your employer could deduct the over-payment from your final pay.

If you had not taken all the holiday accrued by the time you left, you would be paid for the holiday not taken.

snodgrass

Many thanks for all your help,at least i know roughly where i stand now,i just do not fancy having to point it out to my manager.Thanks again.

Oh one more thing,if i did move in July or August or September at the latest.I have had one week off so far and 2 weeks booked for the end of May(because we thought we might of moved for round about then)say i left in August,and booked another week off then,would i be going over my holiday entitlement,pro rata etc.Would i owe them?