Holiday pay entitlement - advice needed please

chuck_taylor

Hi,

I work 12 hours a day (7am -7pm) Monday to Friday (60 hours) and have done for the past 11 months. I work in the security industry so have signed the working time directive form allowing me to work more than 48 hours.

I understand that law states that individuals are entitled to 28 days paid holiday annually.

However when I take 1 day I am paid 9.6 hours for it.
Recently I took off 4 days (48 hours) but was paid 38.4 hours.
I raised this as a pay query and it was rejected.

My contract does not actually state my hours of work.
In the contract is a clause...

'The company will roster you to work a normal working week 48 hours, and any hours worked in excess of this will be deemed to be overtime.'

Also under holiday....

'You will be entitled to an annual leave entitlement of 5.6 weeks' paid holiday. This entitlement will be paid at a maximum of 48 hours per week.'

After I raised this informally I was told that I was paid 9.6 hours per shift due to the maximum working week of 48 hours and that any excess hours was overtime hence the missing 2.4 hours per day.
I asked HR which hours were my normal working week hours and which were overtime but did not receive an answer.

I have been informed by ACAS, a Union Official and an online solicitor that holiday is calculated by the average of the previous 12 weeks worked so in my case seeing as I've always worked 12 hours a day 5 days a week I should be entitled to 28 days x 12 hours per day.

I have today submitted a grievance in regards to this.

Any advice appreciated.

Am I wrong?

Where do I stand in this?

mildred1978

chuck_taylor wrote: »

Hi,

I work 12 hours a day (7am -7pm) Monday to Friday (60 hours) and have done for the past 11 months. I work in the security industry so have signed the working time directive form allowing me to work more than 48 hours.

I understand that law states that individuals are entitled to 28 days paid holiday annually.

However when I take 1 day I am paid 9.6 hours for it.
Recently I took off 4 days (48 hours) but was paid 38.4 hours.
I raised this as a pay query and it was rejected.

My contract does not actually state my hours of work.
In the contract is a clause...

'The company will roster you to work a normal working week 48 hours, and any hours worked in excess of this will be deemed to be overtime.'

Also under holiday....

'You will be entitled to an annual leave entitlement of 5.6 weeks' paid holiday. This entitlement will be paid at a maximum of 48 hours per week.'

After I raised this informally I was told that I was paid 9.6 hours per shift due to the maximum working week of 48 hours and that any excess hours was overtime hence the missing 2.4 hours per day.
I asked HR which hours were my normal working week hours and which were overtime but did not receive an answer.

I have been informed by ACAS, a Union Official and an online solicitor that holiday is calculated by the average of the previous 12 weeks worked so in my case seeing as I've always worked 12 hours a day 5 days a week I should be entitled to 28 days x 12 hours per day.

I have today submitted a grievance in regards to this.

Any advice appreciated.

Am I wrong?

Where do I stand in this?

Dole queue probably. With 11 months service they can get rid of you for absolutely no reason at all. You should have waited until after you'd been there a year before raising your grievance! :doh:

McKneff

My contract does not actually state my hours of work.
In the contract is a clause...

'The company will roster you to work a normal working week 48 hours, and any hours worked in excess of this will be deemed to be overtime.'#

Oh yes they do, see the bold words above.

Im no expert but i think your company are correct. Divide the 48 by 5 and then you have your daily working hours,

chuck_taylor

hours of work being 7am - 7pm or whatever 9.6 hours is per day in regards to starting and finishing times.

Regardless, I have been advised that holiday is calculated by the average of the previous 12 weeks worked, that is not 9.6 hours per day.

So the contract overrides law?

McKneff

Not sure, like I say I'm no expert but I'm sure someone with more knowledge will be along.

Dont forget that annual holiday is indeed 28 days, but as far as I know that number includes bank holidays so it is 20 days plus 8 bank holidays.

chuck_taylor

My 28 days includes bank holidays, I get the 8 (and they've all been paid at 12 hours in the last 11 months)

t0rt0ise

Your contract is for 48 hours a week and the other 12 hours you work is overtime. So on the face of it it would seem that your work is correct that they only pay you holiday for the contracted hours of 48. Except, if the overtime is compulsory and part of your contract of employment then it should be taken into account when paying holiday time. So the argument you need to have with your employer is whether the overtime is compulsory or not.

SarEl

mildred1978 wrote: »

Dole queue probably. With 11 months service they can get rid of you for absolutely no reason at all. You should have waited until after you'd been there a year before raising your grievance! :doh:

I agree. This was possibly the worst time to pick a fight with the employer.

But it would appear that the contract is clear. The working week is clearly stated and it is clearly stated that holiday entitlement is based on the working week. But unfortunately I suspect it will be moot who is right - unless the employer is a rare one you probably won't see 12months.

Electr0n

t0rt0ise wrote: »

Your contract is for 48 hours a week and the other 12 hours you work is overtime. So on the face of it it would seem that your work is correct that they only pay you holiday for the contracted hours of 48. Except, if the overtime is compulsory and part of your contract of employment then it should be taken into account when paying holiday time. So the argument you need to have with your employer is whether the overtime is compulsory or not.

You are correct. I have guaranteed weekly overtime written into my contract and when i get holiday pay the holiday pay includes the guaranteed overtime payment

Savvy_Sue

chuck_taylor wrote: »

Regardless, I have been advised that holiday is calculated by the average of the previous 12 weeks worked, that is not 9.6 hours per day.

So the contract overrides law?

Or you've been wrongly advised, which I think is what has happened.

My understanding is that if you don't work regular hours, then holiday should be calculated by the average of the previous 12 weeks worked. But you DO work regular hours, 48 contracted and 12 overtime.

If you're still there after a year, you could try to raise this again, because if the overtime is compulsory then there's an argument for saying you have a 60 hour contract. You might do better if some of your colleagues were prepared to make this a collective grievance.

chuck_taylor

Due to the overwhelming view that my employer is actually in the right I have this morning sent a request to withdraw my greivance.