Work more than contracted hours but employer won't give extra holiday days

ALLYPUGH

Hoping someone can give me some advise. Myself and my colleagues all have 16 hour contracts (which are yet to be signed). However in a standard working week we all work MORE than 16 hours ( I myself work 38 hours).
My employer has refused to alter our contracts to reflect our standard working hours. They have also refused to give us extra holidays above the 90 hours accrued on a 16 hour contract. Therefore I will be working full time but only be allowed to take 1 weeks holiday in an entire year! (After bank holidays have been subtracted from 90 hours)
Surely neither of these two things are legal? Where do I and my colleagues stand?
Thank you.

gettingtheresometime

I assuming that the additional 22 hours (in your case) is treated as overtime and theoretically you could just work 16hrs ?

Or do you get TOIL?

I always thought that for someone who worked a full week had a minimum of 5.8 weeks holidays including bank holidays ....how many days do you work?

ALLYPUGH

TOIL wasn't mentioned but I will definitely bring it up in my next meeting. I work 5 full days a week so yes I thought that I should have the full holiday entitlement but my employer is arguing that as I'm only contracted to 16 hours I'm not entitled. (As are my colleagues)

sangie595

Do you have the right to refuse the extra hours over and above the contractual hours? If you can, then this is voluntary overtime and there is nothing to say that the employer is wrong in law. If you MUST work the overtime - and I do mean that you must have absolutely no option other than to work - then the employer is wrong and case law says that the time must be included for calculating holiday pay.

ohreally

Either, collectively, get the issue of contracted v actual hours on the discussion table to resolve, or stop doing excess hours (providing your not contracted to work whatever is put to you).

All employees may wish to consider joining a union.

gettingtheresometime

ALLYPUGH wrote: »

TOIL wasn't mentioned but I will definitely bring it up in my next meeting. I work 5 full days a week so yes I thought that I should have the full holiday entitlement but my employer is arguing that as I'm only contracted to 16 hours I'm not entitled. (As are my colleagues)

but how would your 16hrs be worked.....2 full days or 3.25hrs per day for 5 days

ALLYPUGH

The 16 hours is two full days and yes we must work overtime otherwise there would be no one in the office doing the job!

KayJay

Oh dear dear dear. You need to join a union.

duchy

Why would you be only entitled to one week's holiday (1 assume you mean 5 working days and not 2) ?

Your statutory entitlement is 11.2 working days.

I'd suggest you join a union.

sangie595

ALLYPUGH wrote: »

The 16 hours is two full days and yes we must work overtime otherwise there would be no one in the office doing the job!

That actually doesn't answer the question. It is no concern of yours whether there is anyone in the office to do the job. That is the employers problem. What would happen if you said no? To be voluntary overtime, you must have the option of refusing extra work. If you haven't ever said no, how could you show that you have no other option than to work this time.

getmore4less

Putting aside the legality of the calculation for holiday pay.

The stautory requirement is still 5.6 weeks holiday

So you can take 5.6 weeks off

for each of those weeks you(as your employer is insisting) get paid for 16hr pay.