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annualised hours

I currently work annualised hours, just a quick question

I am on a full time permanent contract
in my contract im not entitled to any sort of holidays apart.from statss
Although the rest of the workplace are.
If i wish a holiday i must pay a day back is this legal?
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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You are entitled to paid statutory holidays of 5.6 weeks including BH(thats for people that work 46.4 weeks)

    As you are on annualized hours this would be a minimum of 12.07 of the hours worked.


    you need to clarify what you mean by
    in my contract im not entitled to any sort of holidays apart.from statss
  • I have my hours annualized and am not entitled to take any day holiday as my holiday dates are set and holiday pay included in my annualized pay. If I need to take another day I must apply for a day without pay (in the same way you would need to give a day back), this can be authorized or declined by line manager. If your situation is similar, for example you have set time off during the year, your holiday pay is added to your pay and split evenly over the year then, if that's the contract you signed up to, it's perfectly legal. If this is not what you mean, we may need more explanation.
  • I work 1960 hrs during the year some weeks 2 days or 3 or 4, just recently we have started getting extra.in our pay for holiday
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    You have accrued just over 236 hours holiday pay based on you working 1960 hours.
    Be Alert..........Britain needs lerts.
  • akeem1314 wrote: »
    I work 1960 hrs during the year some weeks 2 days or 3 or 4, just recently we have started getting extra.in our pay for holiday

    Your first post said you were on a full-time permanent contract. Working no more than 4 days a week does not sound like full-time and working 2 days (even if those days were 14 hours of work each) doesn't really qualify as full-time as far as a reasonable employer would view it.

    You need to be clarify what you mean by "statss" in relation to holidays. Do you mean bank/public holidays or do you mean statutory entitlement (the 5.6 weeks which have been mentioned)?

    If you have now started getting "extra" in your pay for holidays, then as long as this is shown separately rather than being rolled up in the hourly/daily rate then the employer is permitted to do this although this is not considered best practice.

    If you want to take holiday (and the employer agrees) when you would be expected to be working and your employer has paid for holiday (for the days you weren't working in a "normal" week) then they would be granting you unpaid leave and therefore can deduct the day's pay.

    You just need to be sure that you do get 12.07% of all the hours you do actually work. As you are not working the same hours every week then working out 5.6 weeks needs to be done on the percentage of worked hours.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 7 December 2013 pm31 9:05PM
    1960hr would average 37.7hr pw so that's full time.

    problem is you need to have some holiday

    Working 1960 hr would require 2196.6 paid hours, average 42.24hr pw.

    You need to clarify what and how you get paid what change was made to account for the holidays.

    Also need to clarify how you get to 1960hr worked if you never work more than 4 days a week.
  • getzls
    getzls Posts: 761 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Your first post said you were on a full-time permanent contract. Working no more than 4 days a week does not sound like full-time and working 2 days (even if those days were 14 hours of work each) doesn't really qualify as full-time as far as a reasonable employer would view it.
    A part-time worker is someone who works fewer hours than a full-time worker. There is no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a week.

    From Gov.uk site.

    I would say working 4 days at 14 grs per day is most certainly classed as full time work.
  • getzls wrote: »
    A part-time worker is someone who works fewer hours than a full-time worker. There is no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a week.

    From Gov.uk site.

    I would say working 4 days at 14 grs per day is most certainly classed as full time work.

    I used a 14-hour day as an example when looking at 2 days a week! I was querying that the OP said they were full-time but working 2, 3 or 4 days a week. The OP had not said how many hours they worked so I used a very high daily figure which would still be less than full-time in a week they worked 2 days. Sorry that I didn't make that clear to you.
  • akeem1314
    akeem1314 Posts: 59 Forumite
    edited 9 December 2013 pm31 1:09PM
    Hi all thanks for your replies i work 12hr shifts the stats.are.just bank holidays. That i get no other holidays at all, i recieve an extra £6.10 a week as holiday pay on top of my normal weekly wage i get paid the same every week no matter what hours i work
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    akeem1314 wrote: »
    Hi all thanks for your replies i work 12hr shifts the stats.are.just bank holidays. That i get no other holidays at all, i recieve an extra £6.10 a week as holiday pay on top of my normal weekly wage i get paid the same every week no matter what hours i work

    You should get minimum of the equivilent of 5.6 weeks off they can't pay you extra not to take them.

    Since your average week is around 37.7hrs and min wage is £6.31 the minimum holiday pay pay should be 37.7* 0.1207 * £6.31 = £28.71


    I would star by getting the correct holiday allowance built into the hours then sort out the pay.

    if you work 1960 then they need to pay an extra 236.6 hours

    if they want to include the holiday in the 1960 hours then you need to work 1749 and get paid 211 as holiday.


    The magic multiplyer is 0.1207 as the 5.6 weeks holiday is worked out from working 46.4 weeks
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