employed with no contract

fah1

Hi I work 22hrs a week over 4 days for over a year now, I asked what my holiday entitlement was for 2011 from April 1st. Have had nothing in writing, only told by the business manager that it will be 15 days including BANK HOLIDAYS as I have no contract this is all the company have to offer, also I do not get paid any BANK HOLIDAYS that fall on Mondays as I do not work Mondays. Can anyone tell me what I am entitled to.

SarEl

They have misunderstood the law. the holiday entitlement is 28 days (pro-rata for part-time) and you do have a contract, whether it is in writing or not. You turn up to work, you work, you get paid - that forms the contract. The 28 days can include bank holidays (for full-time staff) but you are entilted to a pro-rata alternative time off. I calculate this as (but maths isn't my strong point!) 22.4 days leave per year.

fah1

I shall take this up on tues when I go to work thanks

molerat

28 / 40 x 22 = 15.4. Maybe a "day" is a full working day and it is calculated back to hours when taken.

dancingfairy

Agreed. I can't see how there is no contract - otherwise you could just not bother to turn up and they could just not bother to pay you etc. There must be a contract - the fact it is not in writing though. Have you got a HR department to talk to? I guess it is a very small firm that is trying to dodge things though or just clueless?
df

SarEl

molerat wrote: »

28 / 40 x 22 = 15.4. Maybe a "day" is a full working day and it is calculated back to hours when taken.

You are asuming the working week is 40 hours long. Two of us have checked the calculation (the post was also on the Employment Board) and have both come to 22.4 days leave - based on the number of days worked against 5 days (length of day then does not matter)

hcb42

molerat wrote: »

28 / 40 x 22 = 15.4. Maybe a "day" is a full working day and it is calculated back to hours when taken.

it's just 4/5 of 28 = 22.4. Op works 4 days

Orville

Hi.

Sorry to hijack but..

I am on a 48 week contract per year and have been told that my holiday is 16 days + bank holidays . I have also been told that i have to take my holidays when they say, can they do this?. I should express that i have just started and not yet seen my contract, i would say that if it states that in the contract then they can do it?.
Is the 16 days correct for someone on a 48 week contract @ 15 hrs a week.

SarEl

16 day pro-rata plus bank holidays sounds about right, yes.

And yes, and employer can tell you when you must take your holidays. To do so for all your leave entitlement isn't common - but it isn't entirely out of the question either. What do you do - and why the 48 week contract (the latter of which interests me much more from a legal perspective)