Working out weekly hours

wesleyad

Hi,

Done a few searches but can get a clear answer on this.
Basically my contract was a standard 42 hour contract but I have been on a weekly shift system of 56 hours for past 6 years. Will they base my redundancy and PILON on the 42 hours or will they have to use the 12 weeks leading up to the notice?

Any help is appreciate

Wez

Another_not_new_user

On contract hours. The average is only used where the contract hours are variable from week to week. For you the calculation is based on "basic hours" which is 42 - which may be irrelevant if your wage exceeds the cap anyway (and assuming this is statutory redundancy).

wesleyad

Cheers, I thought as much but I hoped that maybe there was some sort way my hours became "normal hours" after a while. These were not overtime but the standard shift everyone on site worked. Wishful thinking

wesleyad

I have another quick one. Doesn anyone know at what point the years of service are worked out?

Basically we are being given our notice tomorrow (25th) with employment ending on the 3rd Oct. One lad however will tick over from 6 years to 7 on the 26th. Will he get the 7 weeks redundancy and 7 weeks notice, or will it be 6?

wesleyad

Sorry to bug but can you clarify the previous answer. The CAB say on this page

http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy_pay.htm

"A week’s pay does not include overtime pay unless the overtime was regular and you have to do it as part of your job."

which in my case it was (3 days 3 nights 3 off was the shift pattern, it was 56 hours or nothing)

getmore4less

If you can show the custom and practice was more hours then you should get the higher hours but as the statutory redundancy can be capped it may not make any difference.

Notice is based on service at the time of notice.

redundancy is based on the service which would include the statutory notice if terminated sooner(PILON) or the termination date.


if on a 3/3/3 shift pattern what hours were the days and nights?

wesleyad

its 12 hour shifts. the site has been doing it since it opened 15 years ago and I have been here 6 years. It would make a difference as we get crap hourly so we arent quite at cap.

getmore4less

What holidays have you been getting?

wesleyad

I've always been paid holidays based off the 42 hours (8.4 per day off)

Basically I started for a large security company who give all new employees 42 hour contract as cover guard. I was then offered a full time place on a site where all the guys were on 56 hour contracts from a previous TUPE.

The other guys get their 11.2 hour holidays and will get redundancy based off the 56 hours which is fine. It's just whether I have any case. I dont mind if I dont, I'm happy to be getting anything tbh.

getmore4less

I think you have a case as you changed from cover to single site based on a rota that was 56hr.

Shame you did not tackle it at the time on the holidays that would have clarified the situation.

I would put in a case for the full hours based on the implied contract change when you moved ove and custom and practice( 6 years) might as well put in a case for the holidays as well for the current holiday year.