Holiday entitlement?

getmore4less

BH are all about the contract, that is what separates them out for special treatment.

BH have no place in statutory holiday allowances which is 5.6 weeks the BH are just another day that may be a holiday.

JustAnotherSaver

See i did wonder about this 'contracted' thing because a relative of mine won her argument against her manager last year. Her situation was this...


She was contracted to 2 days per week. I forget the days but it was 2 days. She would regularly ask for more days but her additional overtime was scattered here & there, nothing consistent.


Then someone went on maternity leave & my relative covered this for 9 months. It wasn't written in to a contract it was 'just done' if you will, she 'just did' the days. So for 9 months she was working full time.


She came to book some holidays and story a bit short she found out she didn't get any more days on top of what she had been given before the maternity cover. She asked about it, was told she wasn't entitled & accepted it & then told me.




I didn't believe this could be right. Maybe it was but at the very least it wasn't right (fair) and was worth a bit of pushing. How do you go from doing 2 days to 5 days & get nothing?


She went back to her manager - the one that runs the setup where she works (the actual owners of the company are based somewhere else in the country) & said manager told her she wasn't entitled to any more because A) of her 2 days contracted hours and overtime here & there.


I told her not to get aggressive at all, watch her tone of voice & just be pleasant throughout. Tell them that that is fine but that you don't accept it & you'll have to consult your union representative for advice to see whether that is correct. If it is then fair enough but if not then you'll have to take it further (she was calling their bluff - she wasn't a member of any union).


Manager started to backtrack. Errrr hang on a second you don't need to do that. Let me speak with [the owners].


Hmm, something you should've already done maybe?!?!


In the end my relative had to put in writing why she believed she was entitled to extra days. It turned out the manager pitched it to the owners that my relative was doing scattered overtime, nothing consistent. They basically lied.


So, in went the letter detailing how for 9 months she'd been working from start of the day to end of the day 5 days a week - consistently.



Owners came back & said you're right, here's X-more days £xxx that you should've been paid but weren't and from now on you're getting X-days extra.


So despite her 'contracted hours' she got more days ... because she was working more, irrespective of what her contracted hours said.




Back to the cases i opened the thread with. While the first person may not get extra days because their extra time (the Tuesday) isn't a full day, surely over the course of a year it would equate to more hours?

sangie595

Yes. Despite the fictional advice of some individuals here, the idea of "contracted " hours is a little bit of a red herring in some respects. For obvious reasons, as I said earlier - if they were that important then no employer would ever give lots of them! The law operates on the basis of assuming that regular additional hours are, in effect, contracted. But to recognise that these may vary, it enables certain calculations to be based on averaged earnings rather than contracted or weekly earnings. The exact circumstances therefore matter when working out these things.

sangie595

billy2shots wrote: »

Why so aggressive? You've stalked me to pick up the only other thread I have posted in.

Your readiness to shoot down my post has led to a wall of contradiction.

You say that regular overtime 'MUST' be included and then you follow up with
'Occasional overtime isn't included in the calculation of holiday, but it may need to be considered for holiday pay.

So is it MUST , MAY or OCCASIONALLY??

The multiplication of 5.6 was given due to the OP using an example of different hours being worked on different days because a flat number of days wouldn't work in that example, something you seem to agree with?

The muddying of the water was in regard to someone working mondays which would confuse things again. Some employers may give enhanced pay for working this day, give a day off in lieu, add it to your holiday etc etc. I advised the OP to check their contract.

I'm sorry I will need to disagree with basing holiday in the last 12 weeks someone has worked. If that was the case every single employee would work as many hours as possible in the first -2 weeks of the year to artificially inflate their holiday allowance. A quick way for small businesses to go bust.

OP, I hope you can get to the bottom of your issue. Best of luck as these things can get confusing. Sometimes I wish I ran a 9-5 business mon-fri rather than a 24h 365 day one. The shift patterns take a lot longer to figure out.

I'm sorry everyone, I am new to this site as pointed out. I hoped to join in with the forum but I know where I'm not welcome.

sangie595

I honestly hope you can figure out what is currently upsetting you and that you can get on top of things. Hopefully happiness is just around the corner. Best of luck.

You are really doing nothing except demonstrating that you cannot comprehend the English language, and know nothing about employment law. When you work out the difference between regular and occasional, and holiday and holiday pay, come back and you might be able to understand what the grown ups are talking about.

billy2shots

sangie595 wrote: »

You are really doing nothing except demonstrating that you cannot comprehend the English language, and know nothing about employment law. When you work out the difference between regular and occasional, and holiday and holiday pay, come back and you might be able to understand what the grown ups are talking about.

Once again you have internet stalked me and once again you can't help being condescending.
I'm genuinely sorry for you.
You obviously enjoy this kind of thing but I don't.
I won't respond to you in here again out of respect for the OP.

Sorry to those reading these off topic replies.

nicechap

billy2shots wrote: »

Once again you have internet stalked me and once again you can't help being condescending.
I'm genuinely sorry for you.
You obviously enjoy this kind of thing but I don't.
I won't respond to you in here again out of respect for the OP.

Sorry to those reading these off topic replies.

So you admit you don't have a Scooby what you are talking about.

comeandgo

billy2shots wrote: »

Once again you have internet stalked me and once again you can't help being condescending.
I'm genuinely sorry for you.
You obviously enjoy this kind of thing but I don't.
I won't respond to you in here again out of respect for the OP.

Sorry to those reading these off topic replies.

You are wrong to suggest sangie is stalking you, she is very active in the employment forums, and I'd take the advice she gives as accurate.
No need to apologise, you are providing entertainment, but your incorrect answers are misleading and could affect others in similar positions so we do need others to show your errors.

getmore4less

Ever since they got back they have been sporting for another fight.

not sure why.

nicechap

getmore4less wrote: »

Ever since they got back they have been sporting for another fight.

not sure why.

My guess, and it is only a guess, its an old foe trying to wind up Sangie to get her PPR'd again.

billy2shots

This is mind blowing stuff.

Someone is looking for help yet people seem more interested in attacking me. I joined mse because I thought it was a grown up forum but I have quickly realised that is not the case.

I am not a former member and am not here to argue unlike some of you it seems.

Read these string of posts back and see how juvenile you come across. Let's not derail the OPs thread anymore.