Irregular hours holiday entitlement

Lukey83

This may have been asked before but I can't find it anywhere, so apologies if it has.

If I work 1856 hours (46.4 weeks X 8 hrs) in a year. Does it matter how many weeks it took me to work them in regard to my 28 days holiday entitlement?

For example if I had a job that worked 70 hrs per week for 26.5 weeks (26.5 X 70 = 1856) then got layer off, would I be entitled to my 28 days holiday minus whatever bank holidays fell outside of this26.5 weeks?

Thanks, Luke

HappyMJ

Lukey83 wrote: »

This may have been asked before but I can't find it anywhere, so apologies if it has.

If I work 1856 hours (46.4 weeks X 8 hrs) in a year. Does it matter how many weeks it took me to work them in regard to my 28 days holiday entitlement?

For example if I had a job that worked 70 hrs per week for 26.5 weeks (26.5 X 70 = 1856) then got layer off, would I be entitled to my 28 days holiday minus whatever bank holidays fell outside of this26.5 weeks?

Thanks, Luke

Were you paid for your overtime at a penalty rate? If so you won't get any extra holiday pay and it will be based on your standard hours. If you didn't get any extra on your hourly rate then I would be asking for it....and if you were salaried then it doesn't matter how many hours you worked in a week at all.

I'll put it another way...if you work 70 hours a week over just under 6 months then you would get 2 weeks of holiday pay paid to you but at 70 hours a week.

LittleVoice

Lukey83 wrote: »

This may have been asked before but I can't find it anywhere, so apologies if it has.

If I work 1856 hours (46.4 weeks X 8 hrs) in a year. Does it matter how many weeks it took me to work them in regard to my 28 days holiday entitlement?

For example if I had a job that worked 70 hrs per week for 26.5 weeks (26.5 X 70 = 1856) then got layer off, would I be entitled to my 28 days holiday minus whatever bank holidays fell outside of this26.5 weeks?

Thanks, Luke

If it's just a hypothetical question, why not come back here when you have actual hours to report?

You also need to say how many days a week you work.

And, when it is a question about the actual situation, say when the holiday year runs from and the words used in your contract about holiday entitlement.

Lukey83

Ok here goes.

I work around 9 - 10 months of the year in 2 or 3 stints for the same company. I work whatever hours required over 5,6 or 7 days a week but normally 6 or 7. I never work less than 40 hrs per week and quite regularly 84 hrs per week.

I don't take holidays in this time and normally get paid whatever I'm entitled in holiday pay at the end of each stint. Obviously I don't expect the bank holidays outside these stints to be paid.

My contract say that the weekly hrs are 40 but if overtime is required it must be worked, therefore implying I cannot refuse this overtime. This is where I'm thinking if it is obligatory overtime then it should be worked into the holiday entitlement, but I'm not sure.

Hope this is more clear, thanks.

mariefab

Is this the exact wording in your written contract?
'weekly hours are 40 but if overtime is required it must be worked'

If not what exactly is written?

Lukey83

Hi mariefab, I don't have a contract with me at the moment as I'm out of the country, but I'm pretty sure that's what it says. Plus a few months ago I refused to do some overtime and they brought up the contract saying "you must it says in the contract".

LittleVoice

Lukey83 wrote: »

Ok here goes.

I work around 9 - 10 months of the year in 2 or 3 stints for the same company. I work whatever hours required over 5,6 or 7 days a week but normally 6 or 7. I never work less than 40 hrs per week and quite regularly 84 hrs per week.

I don't take holidays in this time and normally get paid whatever I'm entitled in holiday pay at the end of each stint. Obviously I don't expect the bank holidays outside these stints to be paid.

My contract say that the weekly hrs are 40 but if overtime is required it must be worked, therefore implying I cannot refuse this overtime. This is where I'm thinking if it is obligatory overtime then it should be worked into the holiday entitlement, but I'm not sure.

Hope this is more clear, thanks.

Do they actually terminate each "stint" and give you a P45?

Assuming they don't and your employment technically continues between stints and also that your employer allows only the statutory minimum of 5.6 weeks holiday in a full year:

Your contracted hours are actually 40/week so for those 40 hours (not any additional overtime), you accrue 12.07% of holiday = 4.828 hours holiday. Multiply that by the number of weeks in a stint and that would be your entitlement at the end of the period.