Holiday entitlement in work

Jay101

I started work Aug 2011 on an 8 hour contract, April moved to different department for a 20 hour contract, since which I have not had my contract changed but have actually worked the 20 hours each week. Problem being I did not take any holidays last year as couldn't afford to as would only receive the 8 hours. Do I have any legal rights with constantly working the 20 hours for 13 months now.

paddedjohn

If you are only contracted to 8hrs per week then that is what you earn holiday on and anything over that is overtime, you really need to get your contract changed to reflect your 'new' hours.

anamenottaken

Jay101 wrote: »

I started work Aug 2011 on an 8 hour contract, April moved to different department for a 20 hour contract, since which I have not had my contract changed but have actually worked the 20 hours each week. Problem being I did not take any holidays last year as couldn't afford to as would only receive the 8 hours. Do I have any legal rights with constantly working the 20 hours for 13 months now.

So what did you gain by not taking the holiday to which you were definitely entitled (44.8 hours)?

paddedjohn

anamenottaken wrote: »

So what did you gain by not taking the holiday to which you were definitely entitled (44.8 hours)?

I think the OP means that by not taking holiday and getting only 8 hrs pay for the week they elected to work and got 20 hrs pay, thus gaining an extra 12 hrs pay per week (67.2 hrs extra over the year)

anamenottaken

paddedjohn wrote: »

I think the OP means that by not taking holiday and getting only 8 hrs pay for the week they elected to work and got 20 hrs pay, thus gaining an extra 12 hrs pay per week (67.2 hrs extra over the year)

Probably mistaken then.
Take 8 hours paid leave; work remaining 12 hours; get paid 20.
That should work unless the employer insists all holidays are taken as complete weeks of absence from work in which case I wonder what they would do about 0.6 week and what happened regarding bank holidays.

paddedjohn

Bank hols might not be part of the OPs working week.

cte1111

paddedjohn wrote: »

Bank hols might not be part of the OPs working week.

Part time employees are entitled to bank holidays pro rata, if their full time colleagues have them.

shellsuit

Is holiday pay now not worked out from the average of your last 12 weeks wages? Meaning that if OP always works 20 hours and takes a weeks holidays, they will get paid 20 hours holiday pay.

When did it change?

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

paddedjohn

cte1111 wrote: »

Part time employees are entitled to bank holidays pro rata, if their full time colleagues have them.

Only if it falls on the OPs working day. If a full timer gets the minimum of 5.6 weeks (28 days which can include bank hols) and the OP only works on Wed and Thurs then the OP would be entitled to 5.6 weeks or 11.2 days hol and still be off on the bank hols because they don't fall on their work day (unless Xmas or new year hols fall mid week)

paddedjohn

shellsuit wrote: »

Is holiday pay now not worked out from the average of your last 12 weeks wages? Meaning that if OP always works 20 hours and takes a weeks holidays, they will get paid 20 hours holiday pay.

When did it change?

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

The above applies for contracts with no fixed hours, the OP says they have a contract for 8 hours.

shellsuit

paddedjohn wrote: »

The above applies for contracts with no fixed hours, the OP says they have a contract for 8 hours.

I had a contract for 16 hours, but my holiday pay was still averaged over the last 12 weeks, as I'd always work more than 16 hours.

It says on that link fixed hours and fixed pay, which the OP doesn't do.

I'd be getting further advice on this, OP can't be expected to take no holidays because of what it says on their contract, when they don't even work that amount of hours.