Holiday entitlement advice

agrinnall

Indeed, 'not' a full time employee does seem quite possible, so I would be pushing my boss to get the contracted number of hours regularised at 35 so that in future there is no dispute about holidays.

Savvy_Sue

SirCanealot wrote: »

Anyway, my manager said something about not being able to afford to put me on a full time contract and that he wants to keep me on a 16 hour contract to at least be able to guaranteed me those hours. I could have been put on a zero hour contract, according to him, and got full holiday allowance, but then I wouldn't have been guaranteed full hours. (yeah, god only knows xD)

It may be that there's a policy of giving extra hours first to those who are on 16 hours pw, and if you go to a zero hours contract you'd be lower down the pecking order for extra hours.

SirCanealot

Sorry, about the late response, but very busy lately! And therefore tired...

Absolutely - the dispute is whether or not the OP is a full time member of staff or not - and I have a horrible feeling it will officially be 'not'. And therefore leave wouldn't accrue.

As I've said, I am contracted for 16 hours a week and therefore get holiday at 16 hours a week, but I AM a full time member of staff and VERY rarely do under 35 hours a week. And I noticed another hilarious thing -- even on our rotas it has me pegged at 35 hours a week. If I'm under 35 hours it has a tab called "contract fulfilled" too xD

Officially may be "not", but from what I've read it doesn't matter if you've been full time for as long as I have, you should get the holidays... But I'm very confused now!

It may be that there's a policy of giving extra hours first to those who are on 16 hours pw, and if you go to a zero hours contract you'd be lower down the pecking order for extra hours.

We're a small shop of about a dozen staff, so it doesn't really work too much like that... I'm full time. Not to blow my own horn, but even when I'm being lazy as hell, the store doesn't run very well without me :P

Indeed, 'not' a full time employee does seem quite possible, so I would be pushing my boss to get the contracted number of hours regularised at 35 so that in future there is no dispute about holidays.

As I said, when I originally asked him about that ages ago, he gave me an excuse! So I'm not sure about it there...

Nobody has a concrete answer? :O

Many thanks!

KiKi

SirCanealot wrote: »

As I've said, I am contracted for 16 hours a week and therefore get holiday at 16 hours a week, but I AM a full time member of staff...

Working full time and having the status of a full time member of staff are not the same thing if your contracted hours are not full time. That's why I think we need someone 'legal' to clarify.

Officially may be "not", but from what I've read it doesn't matter if you've been full time for as long as I have, you should get the holidays...

I don't know where you get that from. Length of tenure is not a reason for extra holiday. The only thing that matters is whether or not you are considered in law - not in your own head - a full time employee. If you are, you should have the full amount. But if you are on a 16 hour a week contract and work extra hours then it's not necessarily the case.

We're a small shop of about a dozen staff, so it doesn't really work too much like that... I'm full time.

As before, that's not necessarily the case in law.

Nobody has a concrete answer? :O

Once again, I think you probably need a legal opinion here. Hopefully SarEl or LazyDaisy or Jarndyce will be able to answer.

KiKi

SirCanealot

BUMP!

Thanks for the reply, KiKi!

Are SarEl and LazyDaisy people who would mind if I PMed them? Any ideas?

And failing any 'legal' advice from here, does anyone know if citizen's advice could advise me on this?

I was going to contact them about this, but they are obviously a pain to get in touch and they are over-worked anyway... :P

KiKi

SirCanealot wrote: »

Are SarEl and LazyDaisy people who would mind if I PMed them? Any ideas?

And failing any 'legal' advice from here, does anyone know if citizen's advice could advise me on this?

You could try PMing SarEl and ask her to take a look at the thread.

You could also call CAB, but I don't think they will give you a definitive answer; you'd still need to speak to someone with legal knowledge (ie, not CAB).

HTH
KiKi