Statutory holiday pay

Saffagal · 16 January 2019 at 11:26PM

I currently work as a sleep-in night care worker. I work from 6pm to 8am so 14hr shifts. I am allowed to sleep provided the residents that I care for are well. If they are unwell I am expected to provide regular checks through the night. If they wake during the night I am to be available to support them as required.

I work 5 shifts per rota (14 day rota) so using the calculator on the gov.uk website, my holiday entitlement should be 14 shifts or 196hrs.

My employer is saying that my entitlement is only 100 hrs, or 7 shifts, as they don't have to pay holiday pay for the time they presume I am sleeping.

According to the gov.uk website, statutory holiday pay is 5.6 weeks and should be equivalent to the pay you would have received had you worked that week. According to the gov.uk website, hours are counted as working hours if you are required to remain at work - on their premises - and are to be available to work at all times.

So, is my understanding that I should therefore be entitled to 14 shifts holiday pay for the year rather than the 7 shifts my employer believes? If my understanding is correct, can anyone point me towards some legislation I can show to support my argument.

Masomnia · 17 January 2019 at 12:29AM

Get proper advice on this one

Sorry.

Savvy_Sue · 17 January 2019 at 2:54AM

Masomnia wrote: »

Get proper advice on this one Sorry.

And join a union (assuming you're not already in - if you are, the proper advice comes from them), because this has been back and forth through various courts, and remains a very live issue!

Saffagal · 17 January 2019 at 10:42AM

I am a member of a union through my professional registration so have contacted them for advice. Thank you

Haldon_Forest · 17 January 2019 at 1:26PM

There is no mention that sleeping hours should be deducted by HMRC, so personally would say it is not relevant. However, are you paid a set amount per hour x the 14 hrs for each shift, or is it x-per hour for 7 hrs and then an allowance of £x for the sleep in part of 7 hrs. And shown as such on your pay-slips and contract?

If your shift is for 14hrs and you are paid for the full 14 hrs, then you are employed for that 14 hrs and your holiday entitlement/pay should be based on this. But if they are clearly showing and have a written contract with you stating x hours at £x plus a sleep-in allowance then maybe not, as it is based on worked hours.

I would gather all the info and check with ACAS

Saffagal · 17 January 2019 at 1:47PM

It is a set rate for the entire 14 hrs and shown as such on my payslip. My payslip shows: x hrs at £xx. X hours is the total hours I worked the preceding month and all hours are paid the same.

Contract states that when on a sleep-in shift, you are permitted to sleep if the residents are settled and asleep but have to respond to their needs as and when required.

Thank you.

Savvy_Sue · 18 January 2019 at 1:43AM

Haldon_Forest wrote: »

I would gather all the info and check with ACAS

In this situation, the OP is a member of a trade union which presumably has many other members doing sleeping shifts. At least one union has taken this issue to court, and the issue continues to be 'live'. The OP's trade union is likely to be a better source of information than ACAS, which can surely only say "There's a case going through the court system at the moment and until that's resolved it's a grey area".

Saffagal · 11 February 2019 at 10:50PM

Just to update; thank you to those who responded. I provided some links to government statutory pay/limits and annual leave including how they don't differentiate any of the hours of my shifts ie pay the same rate throughout. I mentioned my union membership too and then went in for a meeting where without any query or dispute they agreed that they had been wrong in calculating my entitlement and the matter was resolved in my favour.
Thank you again

Statutory holiday pay

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