Notice Peridod and holiday pay (irregular hours)

jjpmaia

Hello all,
Hope you can help me with a problem my girlfriend is having with her current place of work.

She has been working there for 11 months, and from what I have read, the law states that if the contract does not state a notice period, then this should be one week if she worked there for more than a month and less than 2 years (which is the case).

When she signed the contract, she did not see any notice period. She called them saying she was quitting and that she was giving her 1 week notice, but they refused saying the contract says it is 4 weeks. We have read it several times and we see nothing. Last night we read it again and this is what it says:



A few pages down it says:




Clause 11 is the probation period, which has ended months ago.

From what I see, they forgot to write the notice period (12.1, the phrase is incomplete), therefore since there is no notice period on the contract, it should be only one week.
Also, she has 8 remaining days of holiday remaining.

Now, another question we have, related to holiday. Her contract is a 10 hour contract (week), but she does a 30h week on average. When she takes a holiday day, they pay her 2 hours per day. From what I have saw on the government website, and since she works irregular hours, she should input her total worded hours and be entitled for payment for the hours the website calculates.

Giving more details:
- She has worked a total of 1335.25 hours
- According to this, she is entitled to 161.15 hours of holiday pay (161 hours and 9 minutes)
- She took a total 22 days holiday, and was paid 44 hours (2h/day)
- This means they own her 117.15 hours of holiday (161.15-44), correct?

Thank you all for your help.

getmore4less

just ask where in the contract it says 4 weeks.

Any referrals anywhere to other document like company handbooks?


2.2 is no longer legal(unless they can justify an exemption) so clear they have not updated their contracts for a very long time.


Is the overtime compulsory?
when is the holiday year.

jjpmaia

Yes, the contract is rather old... No more documents, this is the only thing.
Thank you.

jjpmaia

Ok, they don't want to pay her any holiday, they say her contract is a 10 hour contract, so they only need to pay 2 hour per holiday year. How can we seek some help with this?

Regarding the notice period they have admitted they she only needs to give 1 week.

Thank you.

jobbingmusician

I would suggest googling holiday due. Start here and work through this with the employer, if possible! https://www.gov.uk/calculate-your-holiday-entitlement

If the employer persists with their ridiculous '2 hours a year', a letter before action followed by money claim online? But it would be worth establishing first

- when the holiday year ends (she may have lost any holiday she didn't take last holiday year, although if they have been stupid enough to put their view that she is entitled to only 2 hours a year in writing, she would have a strong case for reclaiming this)

- any paid BH

- any taken holiday.

jjpmaia

Hi,
Its 2 hours per holiday day, not year.
I believe she will lose the ones from last year (holiday year is from January to December).

They insist on the 2 hour per day, she is going to send an email now.

jobbingmusician

2 hours per holiday day may be correct.

If she works 10 hours per week, and FTE is 40 hours per week
and the normal working day is 8 hours
she is entitled to the same number of paid holiday days as a full time worker, but her days are 2 hours each rather than the 8 hours a full timer would get. (And, of course, if she HAS taken any holiday days this year, each day uses only 2 hours of her leave.)

jjpmaia

jobbingmusician wrote: »

2 hours per holiday day may be correct.

If she works 10 hours per week, and FTE is 40 hours per week
and the normal working day is 8 hours
she is entitled to the same number of paid holiday days as a full time worker, but her days are 2 hours each rather than the 8 hours a full timer would get. (And, of course, if she HAS taken any holiday days this year, each day uses only 2 hours of her leave.)

She does not work 10 hours per week. The contract says 10 hours, but she works an average of 30 hours per week.
10 hours is the minimum they will give her, like with a zero contract they don't have to give you work, but need to pay holiday according to the hours worked.

getmore4less

if the hours are compulsory ie she cannot turn down the overtime then they should pay.

google the relevant terms will find loads of references.

here is one to get you started.
http://www.telegraph.co.uk/business/sme-library/smes-questions-answered/overtime-holiday-pay-advice/

jjpmaia

getmore4less wrote: »

if the hours are compulsory ie she cannot turn down the overtime then they should pay.

google the relevant terms will find loads of references.

here is one to get you started.
http://www.telegraph.co.uk/business/sme-library/smes-questions-answered/overtime-holiday-pay-advice/

I found the same info on ACAS website, forwarded it to them, but they still don't want to pay...

breakinthesun

getmore4less wrote: »

if the hours are compulsory ie she cannot turn down the overtime then they should pay.

google the relevant terms will find loads of references.

here is one to get you started.
http://www.telegraph.co.uk/business/sme-library/smes-questions-answered/overtime-holiday-pay-advice/

Worth noting that the position is the same even for non-compulsory overtime following a number of cases in 2016, provided that you can show that it's part of your normal remuneration. If she regularly does 30 or so hours a week then the holiday entitlement should reflect that.

If this also happened in a previous leave year, you will want to frame your claim statement along the lines of your girlfriend was unable to take her paid leave entitlement for reasons beyond her control. This will enable you to claim for the entirety of your missing holiday and avoid the usual practice of leave expiring at the end of each leave year.