annualised hours

akeem1314

getmore4less wrote: »

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

Right so before i go in head first by saying to my employer this what you have pointed out to me is this normal practice i.e gov rules etc

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

Is this what i should be getting weekly on top of my basic wage?

anamenottaken

akeem1314 wrote: »

Is this what i should be getting weekly on top of my basic wage?

What you should get is the holiday, paid. It is not lawful is to pay you instead of you actually taking the holiday.

If you were simply to get extra money, you would have worked more hours than is taken into account in the calculation.

getmore4less

The standard holiday rules are geared around full time(5 day week) employees.

For the variations like part time, term time, variable hours, various shift patterns etc. they have to be interpreted.

The basic statutory holiday is 5.6 weeks which may include BH

this is embedded in WTD legislations(which references the employment act.)
http://www.legislation.gov.uk/uksi/1998/1833/contents/made
http://www.legislation.gov.uk/uksi/2003/1684/contents/made

Some links that try to describe the regulations.
http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/holidays_and_holiday_pay.htm
https://www.gov.uk/holiday-entitlement-rights
http://www.acas.org.uk/index.aspx?articleid=1374
http://www.tuc.org.uk/workplace-issues/employment-rights/working-time-holidays

There is a lot to read and get your head round.
come back and ask any questions.

akeem1314

so, in other words they are shafting me and my colleagues then, would it be wise to approach the union or my line manager regards this? I know with speaking to others the union havent got anywhere with this before.

getmore4less

If there is active union presence then I would start with them, get all those that are in the same situation up to speed on the holiday regulations.

Then ask the union why they failed to get your employment rights go over the local reps if necessary.

This needs a collective action so you don't get fobbed off as individuals.

akeem1314

getmore4less wrote: »

If there is active union presence then I would start with them, get all those that are in the same situation up to speed on the holiday regulations.

Then ask the union why they failed to get your employment rights go over the local reps if necessary.

This needs a collective action so you don't get fobbed off as individuals.

So what exactly do i say to my colleagues? or point out to them thanks for your help in this.

getmore4less

We are getting ripped off with holidays then point at the links start with

https://www.gov.uk/holiday-entitlement-rights

and use this for annualized hours.

https://www.gov.uk/calculate-your-holiday-entitlement/y

which gives

https://www.gov.uk/calculate-your-holiday-entitlement/y/annualised-hours/1960

It roughly the equivalent to 4weeks pay/weeks off as you do get the BH which should be around 8.

Another thing to get clear is the holiday year if it is Jan-Dec you may miss out on this year.


One approach might be to ask the company and union why they think they don't have to give you the legal minimum statutory holiday entitlement.


What does you contract say that is different to the other employees.
What about part timers are they effected?

akeem1314

excellent thank you regards to the money side you mentioned the nmw i am above that so would i times it with my rate and this should
be what i get on top of my wage as previously mentioned

not everyone in my workplace does the shifts im on, the others are all entitled to holidays etc as normal practice

akeem1314

Holidays are Jan-Dec

getmore4less

akeem1314 wrote: »

excellent thank you regards to the money side you mentioned the nmw i am above that so would i times it with my rate and this should be what i get on top of my wage as previously mentioned

Not everyone in my workplace does the shifts im on, the others are all entitled to holidays etc as normal practice

You need to focus on getting the correct work and holiday days paid first.

work out your total pay from that and then divide into the pay periods.

No need for this "extra" it was probably done as a cover up/distraction

You could ask them how they came up with that number(be interested what they come up with)

The actual work patterns are not relevant either unless there is variable pay for different shift.

With annualized they should not be deducting pay unless you fail to meet the hours by the end of the year.

The point of annualized hours is you don't really need to "book" holidays as long as you can set your availability for the number of hours and it gives you the equivalent of the holidays required.

Although I have said you are being robbed we must not discount incompetence.

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looking at other things you said,

does the 12hr shift include paid or unpaid breaks?
1960 /12 is not an integer number of days?
Does the 1960 include the BH(how many hours are allocated/paid for them) .