holiday entitlement

gordonpringle

I'm hoping someone in the know can help here..

I'm contracted to fourteen hours per week and work seasonally from jan to nov, I never use all my holidays and the company pay me my unused hours but only based on my contracted fourteen. is this correct? Shouldn't it be based on an average of my worked hours through the season ?

Thanks in advance.

xapprenticex

Its based on what the contract states basically and I believe you said it is 14 hours p/w.

Darksparkle

Do you mean that you are contracted to 14hrs but work over 14hrs?

gordonpringle

Yes I'm contracted to 14 hours but usually work about 31 sometimes as much as 45 but virtually never less than 25.

Darksparkle

Is the overtime voluntary or is it a requirement in your contract?

gordonpringle

it's "expected" but not written into a contract in any way

Darksparkle

gordonpringle wrote: »

it's "expected" but not written into a contract in any way

It's unlikely your holiday entitlement will be calculated on your overtime then as you are not contractually obliged to do it.

http://m.acas.org.uk/index.aspx?articleid=4109

gordonpringle

Thanks for that, it's what I suspected but hoped I was wrong !
I'll try and get my contracted hours increased to perhaps 20 or even 25

takman

But from July last year holiday pay has to take into account of the average overtime that has been done. Why doesn't this apply in the OP's case?

bell123321

I thought the same as takman. I thought they now have to include over time in calculating holidays.

comeandgo

I think they have to include an average of your overtime. My work have started doing it and they sited the resent high court case as the reason they now have to do so.