Sleep in hours and holiday pay?

bestpud

I work one in a residential home one night a week, starting in the afternoon with a sleep in in the middle and 2 hours the following morning. I am a lone worker during that time.

I actually work (and get an hourly rate) for 9 and a half hours and then a flat rate for the 8 and a half hours sleep in. I am on call during the sleep in, obviously, so cannot leave the building.

My employer does not count the sleep in hours when calculating our annual leave entitlement (which is fine) but he is also suggesting we should not get paid the flat rate when we are on annual leave, as that is technically our own time. As he put it, we could stay up all night if we liked.

My point is, we are on call and thus cannot do anything we want - we sleep in the basement so cannot even go and make a hot drink without possibly disturbing the residents (some are on the ground floor). We do have a bathroom and TV though.

Does anyone know if he is allowed to do this? I feel a bit peeved that I may be down on money if I take time off, but do not want to go in and just sleep there to get the right pay!

Thanks in advance,

Bestpud

duchy

Dig out your contract-if the sleep in hours are a part of your regular hours (even though they are paid at a different rate) then they count. If however they are optional and you are not obliged to do them as part of your working week then possibly not.

emmy05

hiya, as far as i know, our sleep in pay doesnt get included either, not when i was working, and not for my mum, but tbh its just a little extra bonus to do sleep in really, she can do evening shift, stay there and work the morning shift, so saves her petrol etc to get to work and all, but if she books a holiday, it doesnt get included, but then at least you get more hours on the higher rate to choose from, rather than waste some holiday pay hours on the lesser rate pay?

bestpud

emmy05 wrote: »

hiya, as far as i know, our sleep in pay doesnt get included either, not when i was working, and not for my mum, but tbh its just a little extra bonus to do sleep in really, she can do evening shift, stay there and work the morning shift, so saves her petrol etc to get to work and all, but if she books a holiday, it doesnt get included, but then at least you get more hours on the higher rate to choose from, rather than waste some holiday pay hours on the lesser rate pay?

I'm not sure I follow you on two points really?

We cannot leave as we are on call - I was called at 3am last week (the residents have buzzers and we have to respond). Therefore, I fail to see how it can be our choice and how we can do what we like in that time?

I agree it should not be included in the annual leave entitlement but that is not in our favour either. We get four shifts plus a percentage of the fifth week dependent on our working hours so I would therefore get an extra few hours if they included the sleep in hours, not less, iyswim.

Duchy - I haven't been given a contract yet. The other staff have been there years (before the current employer took over) and they were always paid for the sleep in hours before.

catwoman150

I have a job like yours. In my contract it says that "you may be required to do sleep ins."
In real life it does not work like that as when I get my rota my "sleep ins" are on if I like it or not.
When it comes to A/L, maternity pay or sick pay. The sleep ins that I have done are not included. So I get extra money for doing "sleep ins", but I am still on call as I am a lone worker as well.
You will have to ask for a copy of your contract to see where you stand, as every employer is different.

bestpud

I was definitely employed for sleep ins as well - there was never any question of not doing them.

I will push for a contract though and see what is on there.

emmy05

if you have to get up during a sleep in to lend a hand, do you claim for these hours? i know we did, and we got paid the normal rate if we had of been awake x

bestpud

emmy05 wrote: »

if you have to get up during a sleep in to lend a hand, do you claim for these hours? i know we did, and we got paid the normal rate if we had of been awake x

No, we get the same flat rate -£20 - and nothing extra, even if we are up all night.

bestpud

I've been thinking about this, and the hours I am entitled to.

I get an extra 9 hours (percentage of the fifth week) and I actually work 9 and a 1/2 hours, so i'm thinking I may as well just take five weeks off if I won't get paid for the sleep ins anyway.

I was going to take it in two separate goes (go in later a couple of times, or whatever) but really, if we are not entitled to be paid the sleep in when we are off, I can't see how I can be made to take the extra hours in separate chunks rather than just a whole shift (as I would only have half an hour 'working time' to make up).

I would lose the outstanding half hour pay and the sleep in pay, obviously, but I would gain an extra shift per year annual leave.

Does that make sense and if so, can anyone see a problem with it?

emmy05

bestpud wrote: »

No, we get the same flat rate -£20 - and nothing extra, even if we are up all night.

where im on about is a residential home and one worker is a sleep in, the other is obviously awake lol, if theyre called to help then theyre to claim that hour, not sure how much sleep ins get anymore, but im certain its more than that, not sure why they would be different either ........

emmy05

yeah i was thinking that the hours you did as sleep in, then youd be able to take them and choose the same amount of day time hours off for annual leave, if that makes sense