Holiday entitlement

jobe1972

Hi need some advice for my wife she works full time 5 days a week but is only contracted for 4 so does not get the full entitlement for holiday per year that you would get if you worked 5 even though she does work 5.. her employer has dragged his heels for the last two years over this one day a week allowing her to work it but listing it as overtime has verbally agreed she can go fulltime contract wise yet has never bothered with a new contract showing the change to her hours nor holiday entitlement my question is is that even legal? I mean she works 5 days a week she gets paid for 5 days she just doesn't get that extra week a year holiday entitlement

krusty101

It sounds like your wife’s employer is taking the pee. Has your wife raised a formal complaint? If informal is doing nothing that might be the best next step. How big is the company?

NBLondon

Its perfectly legal - she is contracted to work 4 days and gets paid for 4 days and the holiday entitlement for 4 days.  She also works a regular day of overtime for which she is paid extra - at an overtime rate?  The overtime could be withdrawn at management's discretion.
The question is how does she push the verbal agreement to move to a full-time contract into the issue of that new contract.  Like krusty sez - how big is the company?  Is there a higher level of management to raise it with?  The risk is that the overtime might then disappear.

t0rt0ise

It shouldn't really make much difference. Presuming she doesn't work overtime in the holiday she takes. As it is regular overtime she should still get paid the overtime pay for 4 weeks holiday.

See https://www.acas.org.uk/checking-holiday-entitlement/calculating-holiday-pay

General_Grant

NBLondon said:

Its perfectly legal - she is contracted to work 4 days and gets paid for 4 days and the holiday entitlement for 4 days.  She also works a regular day of overtime for which she is paid extra - at an overtime rate?  The overtime could be withdrawn at management's discretion.
The question is how does she push the verbal agreement to move to a full-time contract into the issue of that new contract.  Like krusty sez - how big is the company?  Is there a higher level of management to raise it with?  The risk is that the overtime might then disappear.

The overtime rate is probably the standard rate paid for the other hours, otherwise there would be less of a financial advantage to the employer.

Of course, to take a week's holiday now, only 4 days actual time would be deducted from her entitlement.  So she could have more non-working days than a full-time employee.

getmore4less

Since April 2020 the holiday pay should be based on the average of the last 52 weeks

That sort out the extra pay for holidays  where you work more than contracted hours.

worth going back and raising that and with a claim for wages if they have not been doing that 

The holiday should be a minimum of 5.6 weeks and a weeks holiday only use a week worth of that allowance

if allocated on a 4 day basis then only 4 days needed for a week off and it will still be 5.6 weeks

if they are using 5 days holiday for a week off then that is wrong.

YBR

Is it working out that she needs to "Spend" 5 days leave to get a week off?
or does she just refuse the overtime and book 4 days?

Edit: cross post with getmore4less. 

jobe1972

The pay for the extra day a week is same as any other day there is nothing different about it except she can work as many hours of that day as she wishes ..the owner of the company and it has around 50 employees and a multi million pound turn over just so you can get the size of the company has being playing yoyo with her working full time for last few years ..he finally agreed to her going full time last year but as of yet nothing has been put in writing the way it is at the moment the company benefits from her working full time yet she doesnt benefit from the extra holiday she would been entitled too ...the overtime as they put it cant dry up as no one else can do her job so they need her there daily 

thebrexitunicorn

From what you say her leave should be based on her full working week, I.e 5 days.  Is she in a union? If not she might want to consider joining one.  She could call Acas helpline to check holiday entitlement.  Following that put her complaint in writing to the employer.  

getmore4less

jobe1972 said:

The pay for the extra day a week is same as any other day there is nothing different about it except she can work as many hours of that day as she wishes ..the owner of the company and it has around 50 employees and a multi million pound turn over just so you can get the size of the company has being playing yoyo with her working full time for last few years ..he finally agreed to her going full time last year but as of yet nothing has been put in writing the way it is at the moment the company benefits from her working full time yet she doesnt benefit from the extra holiday she would been entitled too ...the overtime as they put it cant dry up as no one else can do her job so they need her there daily 

As long as a week off uses the right amount of the allowance and the pay is average of the previous 52 weeks it works out.

jobe1972

thebrexitunicorn said:

From what you say her leave should be based on her full working week, I.e 5 days.  Is she in a union? If not she might want to consider joining one.  She could call Acas helpline to check holiday entitlement.  Following that put her complaint in writing to the employer.  

Thats what i wanted to check at present she gets 22 days per year paid holiday which is whats based on working 4 days a week but she works 5 days every week she might take a day off now and then its rare if she does then its counted as a holiday and paid for including recently the wednesday which is the day they count as overtime ..but her holiday entitlement should be 28 days per year so the way they have it at present she has been losing out on 6 days paid holiday per year which I dont think is right