Flexi contact Tesco Hoilday pay

davidjones161

I work for Tesco on a 15 Hour Flexi contact My contact has an
availability window with agreed extra hours if i dont do the extra hours i could me dismissed. i work an extra 15 hours a week. so 30 hours a week when it comes to holiday pay i am only paid of my contractual which is 15 hours. should my holiday pay be 30 hour pay or 15?

getmore4less

This is one of the areas that should be looked at along with the Zero hours.

Holiday pay is based on contractual hours.

If your contract has variable hours listed it could be argued they are also contractual(although variable) and should attract holiday pay.

So what is the exact wording?

I suspect Tesco have been careful to make the word ing such that holidays don't accrue.

davidjones161

The contract stats as follows

Flexible addition hours
you are employed on a flexible contract and will be expected to work additional hours. These flexible additional hours will be agreed with your manager. A minimum of 24 hours notice will be given prior to any additional hours.
Flexible additional hours combined with your core hours will be no more then 36.5 hours in any one week.

The company needs you to maintain the flexibility you have specified if you are consistently unable to work you flexible addition hours when you have been asked to this may be considered a breach of you contract of employment and could result in disciplinary action up to and including dismissal

Takeaway_Addict

getmore4less wrote: »

This is one of the areas that should be looked at along with the Zero hours.

Holiday pay is based on contractual hours.

If your contract has variable hours listed it could be argued they are also contractual(although variable) and should attract holiday pay.

So what is the exact wording?

I suspect Tesco have been careful to make the word ing such that holidays don't accrue.

Apparently it is going through the courts at the end of this month. It will be very interesting the outcome. I would hope there is some leniency towards the employers that are fair but I suspect those that abused it with low contracts and high working hours will ruin it for everyone.

getmore4less

davidjones161 wrote: »

The contract stats as follows

Flexible addition hours
you are employed on a flexible contract and will be expected to work additional hours. These flexible additional hours will be agreed with your manager. A minimum of 24 hours notice will be given prior to any additional hours.
Flexible additional hours combined with your core hours will be no more then 36.5 hours in any one week.

The company needs you to maintain the flexibility you have specified if you are consistently unable to work you flexible addition hours when you have been asked to this may be considered a breach of you contract of employment and could result in disciplinary action up to and including dismissal

I think there is a very good argument that any hours up to 36.5 are contractual and should accrue holiday.


Be interesting to here what Tesco argument against that is.


The average pay rules to determine weekly holiday pay may apply but I have not gone through those in detail recent enough to work out if it would help, they can be interpreted in a few ways.

getmore4less

Thinking about it this is something the unions should be all over.

getmore4less

Takeaway_Addict wrote: »

Apparently it is going through the courts at the end of this month. It will be very interesting the outcome. I would hope there is some leniency towards the employers that are fair but I suspect those that abused it with low contracts and high working hours will ruin it for everyone.

I think the key should be what's contractual, if you have to do the flexible overtime then it should accrue holidays, optional then maybe not.


Zero hour flexible already accrue full hours.


A way to legislate is to say all worked hours accrue holidays, but this introduces issues with the 5 day rule.


Could set upto 48hours which fits in with WTD max working week.


Part of the problem is those that set legislation are not the smartest.