Holiday entitlement in work

StuC75

from your own link :

Working patternPayFixed hours and fixed pay (part time or full time)A week’s holiday pay equals how much a worker gets for a week’s work (excluding non-guaranteed overtime payments in most cases)

The Key is 'In Most Cases'. If the additional Hours are non-Guaranteed (read outside of contract), then it MAY be excluded in MOST cases..

So it really comes down to the employers decision..

shellsuit wrote: »

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.

paulineb_2

paddedjohn wrote: »

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.

No I dont think that is the case. I worked 13 hours a week for almost a year last year and when I left I had accrued holidays I couldnt take and the company had to pay me holiday pay on every single hour I had worked, not just the 13 hours that I was contracted for.

Doing an overtime hour doesnt take away your right to build up holiday entitlement for that hour you have worked.

It was a google search that gave me the information I needed, possibly european working time regulations, or just google entitlement to holiday pay.

paulineb_2

The more hours you work, your entitlement to annual leave increases.

I think the OP is going to have a hard time trying to get any holiday pay or entitlement they are due now that the annual leave year for last year will probably have ended

But HR or whoever deals with this should issue you with a new contract, for goodness sake dont work a 20 hour a week job if your contact still says 8 without getting your contract changed.

And even in those 8 hours a week you would still have been entitled to pro rata holidays. I had just over 16 days to take on a 13 hour a week contract, I dont understand why people get annual leave, dont take it and then wonder at a later date what they can do about it.

You need to get this contract issue sorted asap, because the more hours you are working, the greater your entitlement to annual leave will be and you need that sorted out officially as soon as possible.

tweetipie21

Hi All,

Can anybody help me decipher who is in the wrong/right please?

I currently work 34 hours per week during the school term time (approx 39 weeks a year) and for the school holidays I work 22.5hours per week (approx 13 weeks a year).

I was informed my pro rata holiday entitlement was 176.75hrs (25.25 days).
I was previously taking my holiday entitlement via hours as I am only paid for the 22.5hrs pw worked during the school holidays so therefore only booked off 4.5hrs for a day taken in school holidays and taking 7.25hrs a day during the full time term working weeks.

I have now been informed that I must take 7.5hrs per day holiday for any leave taken in the school holidays, yet will still only get paid for 4.5hrs work. I therefore appear to be losing 3hrs pay/leave on these days.

Is this correct and can anyone help me understand please?

Thank you :-)

cte1111

paddedjohn wrote: »

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)

So like I said, the part time worker is entitled to the bank holidays pro rata!

cte1111

tweetipie21 wrote: »

Hi All,

Can anybody help me decipher who is in the wrong/right please?

I currently work 34 hours per week during the school term time (approx 39 weeks a year) and for the school holidays I work 22.5hours per week (approx 13 weeks a year).

I was informed my pro rata holiday entitlement was 176.75hrs (25.25 days).
I was previously taking my holiday entitlement via hours as I am only paid for the 22.5hrs pw worked during the school holidays so therefore only booked off 4.5hrs for a day taken in school holidays and taking 7.25hrs a day during the full time term working weeks.

I have now been informed that I must take 7.5hrs per day holiday for any leave taken in the school holidays, yet will still only get paid for 4.5hrs work. I therefore appear to be losing 3hrs pay/leave on these days.

Is this correct and can anyone help me understand please?

Thank you :-)

What hours do you work?

tweetipie21

cte1111 wrote: »

What hours do you work?

Hello CTE1111

The hours worked are:

School Term hours
Monday 8.00am-1.45pm (5hrs) 45mins lunch isnt paid for
Tues-Fri 8.00am-3.45pm (7.25hrs) half hour lunch isnt paid for

School Holiday hours
Mon-Fri 8.00am-12.30pm (4.5hrs)

Thanks

Takeaway_Addict

paulineb wrote: »

The more hours you work, your entitlement to annual leave increases.

I think the OP is going to have a hard time trying to get any holiday pay or entitlement they are due now that the annual leave year for last year will probably have ended

But HR or whoever deals with this should issue you with a new contract, for goodness sake dont work a 20 hour a week job if your contact still says 8 without getting your contract changed.

And even in those 8 hours a week you would still have been entitled to pro rata holidays. I had just over 16 days to take on a 13 hour a week contract, I dont understand why people get annual leave, dont take it and then wonder at a later date what they can do about it.

You need to get this contract issue sorted asap, because the more hours you are working, the greater your entitlement to annual leave will be and you need that sorted out officially as soon as possible.

If its contracted and not overtime yes.