Holiday entitlement

Danni79

Holiday entitlement

chelle230

I don't know if all companys work the same, but the retail places I have worked, you accrue holidays for the hours worked, not contracted hours, so the more you work, the more holidays you get.
Is there a payroll dept you can speak to direct to see what the ruling is where you work?

Danni79

Its the payrol department that are questioning if i'm entitled to it,
Our holidays are worked out by days worked per week, so we get the legal requirement for day worked which i'm not questioning it the fact that the hours were temporary but my argument is I've worked the four days for over a year so i should be allowed the full entitlement for 4 days, if they had said it four days for 6 months i would have been pro ratad for the six months.
I just hope they consider i've done them a favour and worked the days so should be entitled to the 4 days entitlement.

katz03

you are entitled to 5.6 weeks holiday - if you are working 2 days a week then 11 days.
But as you were working 4 days that would be 22 days.

I take you were being paid the same rate as your contracted hours and not overtime rate?

katz03

you are entitled to 5.6 weeks holiday - if you are working 2 days a week then 11 days.
But as you were working 4 days that would be 22 days.

I take you were being paid the same rate as your contracted hours and not overtime rate?

zzzLazyDaisy

You are only entitled to holidays based on your actual contracted hours. Overtime does not count towards holiday calculation, even if it is regular and over a long period.

The only time this differs is if:

a) the company has a policy of calculating holidays by reference to hours worked
b) the company agrees to increase the holiday allowance commensurate with the temporary new position
c) the contract does not have specific hours and hours vary from week to week (eg a zero hours contract, or bank staff) in which case the holidays are calculated by reference to the previous 12 week's work.

Danni79

My contract states that i work 2 days per week. The additional days are paid at the same rate, it was verbally agreed that i would do 4 days until the member of staff returned, unfortunately the member of staff has not returned, as i was only doing the hours until the company knew what they were doing i've decided to drop the days back to my normal hours.
There must be something i can do to ensure they don't take the days back off me

mariefab

'Last year my employer gave me the entitlement for 4 days'

I think that the phrase above is the reason that they shouldn't now claim some of your last years holiday back.
Someone made the decision to give you the extra holidays last year. An employer can decide to give an employee extra holidays at any time and for any reason regardless of what is written in the employee's contract. If someone in payroll now believes that the decision was wrong that shouldn't be your problem.
It wasn't your decision and you didn't simply take them because you felt that you were entitled, did you?
If you have any evidence related to the change it would help. Did you get anything in writing at the time of the change? Do your payslips, or any other documents, show your increased holiday entitlement? Is the person who informed you that you could base your holiday entitlement on 4 days prepared to confirm that they did this?