annualised hours

getmore4less

akeem1314 wrote: »

Holidays are Jan-Dec

Ok time is tight to get this sorted before the end of the year backdating holiday allowances is not easy.

Another thing that occurs to me is you may have a claim for illegal deduction of wages if you have taken holiday and they have deducted pay when this should have been paid holiday.

This would need a full analysis of the hours pay etc. not something that is easy on forum.

akeem1314

getmore4less wrote: »

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.

Not entirely sure what you mean here sorry

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)

Im sure you maybe correct here, I shall ask at the earliest chance

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

The only diffence is the night shift get a premium, but work less hours than day shift

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

We dont get pay docked even though we maybe on holiday due to having to pay back the day(s)

{quote]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.[/quote]

We receive our rota for the full year set out

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

Thinks its more incompetence even more worrying its a major international company

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looking at other things you said,

does the 12hr shift include paid or unpaid breaks?

Yes this includes paid breaks

1960 /12 is not an integer number of days?

Yes i noticed this it works out at 163.33 days

Does the 1960 include the BH(how many hours are allocated/paid for them) .

I shall get back to you on this one

getmore4less

International company! do they have a proper presense in the UK with people that know UK employment law.
I have worked for international companies that used local HR and they had to be trained(by the UK employees) to get thisngs right.


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.

Not entirely sure what you mean here sorry

The key is you should NOT be getting a holiday pay top up.

You should have working hours and the relevent holiday hours and be paid for both.

This will set the total pay for the year and as you get it spread out evenly that will not change.

What should happen is your hours(work/holiday) should match an equivilent worker on "normal" shifts.

eg: your average(1960py) is around 37.7, so if a regular worker does say 37.5 mon-fri but gets the full 5.6 weeks holiday they work 1740 and get holiday pay for 210(1950). Whereas you work the full 1960(depending on how the BH are done)


One thing is if the job is salaried then in the end it may make little difference to the take home pay and hours actualy worked(they can just change the contract to make it legal) but might get you the coorect paid holiday. if hourly paid then this should redult in an increase in pay or the proper paid holidays(less work)


We dont get pay docked even though we maybe on holiday due to having to pay back the day(s)

not sure what you mean by this.

akeem1314

getmore4less wrote: »

International company! do they have a proper presense in the UK with people that know UK employment law.
I have worked for international companies that used local HR and they had to be trained(by the UK employees) to get thisngs right.


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.

Not entirely sure what you mean here sorry

The key is you should NOT be getting a holiday pay top up.

You should have working hours and the relevent holiday hours and be paid for both.

This will set the total pay for the year and as you get it spread out evenly that will not change.

What should happen is your hours(work/holiday) should match an equivilent worker on "normal" shifts.

eg: your average(1960py) is around 37.7, so if a regular worker does say 37.5 mon-fri but gets the full 5.6 weeks holiday they work 1740 and get holiday pay for 210(1950). Whereas you work the full 1960(depending on how the BH are done)


One thing is if the job is salaried then in the end it may make little difference to the take home pay and hours actualy worked(they can just change the contract to make it legal) but might get you the coorect paid holiday. if hourly paid then this should redult in an increase in pay or the proper paid holidays(less work)


We dont get pay docked even though we maybe on holiday due to having to pay back the day(s)

not sure what you mean by this.

I was meaning that our pay stays the same always

mariefab

I've seen a case similar to this before and it turned out that the holiday entitlement was included in the total annualised hours.

Just to make sure that the same thing isn't happening here; can you look at your 'full year rota' and fill in the numbers for XX?

XX weeks working 2 days
XX weeks working 3 days
XX weeks working 4 days

getmore4less

We dont get pay docked even though we maybe on holiday due to having to pay back the day(s)

not sure what you mean by this.I was meaning that our pay stays the same always

akeem1314 wrote: »

I was meaning that our pay stays the same always

still makes no sense. pay back what days?

akeem1314

getmore4less wrote: »

We dont get pay docked even though we maybe on holiday due to having to pay back the day(s)

not sure what you mean by this.I was meaning that our pay stays the same always



still makes no sense. pay back what days?

sorry if we wish a day off at our work in my section we must pay that day back at some point

so if i was on rota for.7 days work over 2 weeks i would owe my employer
7 days due to not having holidays

Southend1

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.

Agreed that your union is there to help with issues at work and you should definitely speak with them about this.

Also agreed that this is a collective issue and should be dealt with as such.

However- don't go steaming in accusing your rep of failing to get your rights. They may not even be aware of your situation!

If you approach a branch or regional officer they would most likely assign your case to whoever normally deals with such cases in your workplace, which is likely to be your local rep anyway.

By all means follow your union's procedure for complaints if you don't believe they have helped you in the way they should. But do give them a chance to help you first.

akeem1314

mariefab wrote: »

I've seen a case similar to this before and it turned out that the holiday entitlement was included in the total annualised hours.

Just to make sure that the same thing isn't happening here; can you look at your 'full year rota' and fill in the numbers for XX?

XX weeks working 2 days
XX weeks working 3 days
XX weeks working 4 days

I will do for this year or next years?

akeem1314

getmore4less wrote:

Does the 1960 include the BH(how many hours are allocated/paid for them)

I asked this question yesterday to both my LL and they both said that we get paid for them, and are included in my pay.

I also asked the question regarding the EXTRA £6.10 a week they pay us for HOLIDAY and how they got to that figure. The reply was that they have been down this road before and the figure is correct, although i stated that i had a different calculation that said it was wrong they were adamant that what we get is correct