Annual leave entitlement

stev0n

Hi
I would be grateful for any comments on what my annual leave entitlement should be, in the following circumstances.


I work part-time, contract is for 16 hours per week, national retail company.


However, I regularly work more hours/days. 24 - 32 hrs/ per week
These can and do change on a weekly basis. Different days, different hours per day.


These extra hours are classed as overtime, but paid at the same rate as normal hours.


I could refuse to do these extra hours, but
a: i need the money
b: the manager would be annoyed and can be spiteful


How many hours of annual leave should I be entitled to ?
Presently, I get 90 hours a year. Which. I assume is calculated on the 16hr contract.



Your thoughts are appreciated.


Regards
Steve

paddedjohn

My reading of the regs is that if the overtime is compulsory it should be included in the calculation and an average of the last 12 weeks paid work is used to calculate your holiday pay.
Looks like you can turn down overtime if you want so it's based only on your contracted 16 hrs

Undervalued

stev0n wrote: »

Hi
I would be grateful for any comments on what my annual leave entitlement should be, in the following circumstances.


I work part-time, contract is for 16 hours per week, national retail company.


However, I regularly work more hours/days. 24 - 32 hrs/ per week
These can and do change on a weekly basis. Different days, different hours per day.


These extra hours are classed as overtime, but paid at the same rate as normal hours.


I could refuse to do these extra hours, but
a: i need the money
b: the manager would be annoyed and can be spiteful


How many hours of annual leave should I be entitled to ?
Presently, I get 90 hours a year. Which. I assume is calculated on the 16hr contract.



Your thoughts are appreciated.


Regards
Steve

I agree with Paddedjohn.

The line I have highlighted is the crucial one. Regardless of whether the manager would be "spiteful" you say you are free to turn the overtime down but you are unlikely to do so if you need the money.

Unless you can get the firm to increase you contracted hours to reflect the hours you generally work you are rather stuck.

Is the overtime paid at a higher rate? If so, that partly compensates as if your regular hours were longer, although you would get more holiday, the extra hours would presumably only be paid at the normal rate?

Masomnia

If the overtime is not compulsory then 90 hours is correct for me. 16 hours*5.6 weeks is 89.6 hours.

Savvy_Sue

It's worth noting that there have been moves to require holiday pay to reflect overtime, although the cases which have been brought were based on compulsory overtime.

But on that basis, I'd definitely join a union and keep my ear to the ground!

Masomnia

Savvy_Sue wrote: »

It's worth noting that there have been moves to require holiday pay to reflect overtime, although the cases which have been brought were based on compulsory overtime.

Mm yes good point. As much as I would love to encourage the OP to go tribunal and appeal the outcome if they lose just because I'd be interested to see the outcome I've managed to resist!

It will be interesting to see how this develops though.

stev0n

Hello All


Many thanks for your advice, which does confirm my understanding of the situation.


Although it is legal, it is a little unfair.


I will ask for contract hours increase.


All the best.


Steve

System

Savvy_Sue wrote: »

It's worth noting that there have been moves to require holiday pay to reflect overtime, although the cases which have been brought were based on compulsory overtime.

Not just moves but ECJ and EAT judgements which are now in force. Not only do they include overtime but they include commission too. Effectively they now have to include everything that is taxable pay before pension payments have been taken off.

Savvy_Sue

Tarambor wrote: »

Not just moves but ECJ and EAT judgements which are now in force. Not only do they include overtime but they include commission too. Effectively they now have to include everything that is taxable pay before pension payments have been taken off.

I was erring on the side of caution, because I thought an appeal (on the part of the employers) was on the cards ... hence suggestion of talking to the union!

Masomnia

I think it's a matter of time until there is an ECJ judgment that all worked time accrues annual leave; I also think that we'll be out by then so it's impossible to know whether it will apply to us