Part-time contract and holidays

[dhokes]

Hi

 

I have a 12 hour/week contract and my holiday entitlement is 25 working days pro rata which equates to 60 hours annually.

 

However, I've been constantly working over 12 hours per week due to the company's needs (rather than wants) and getting paid for it at my basic rate. Over the last 12 weeks, I've worked on average 5 extra hrs/wk.

 

Since April, my manager has told me that he will look at my hours in the contract yet it hasn't been adjusted.

 

I am planning to leave my current work soon and I was wondering whether my legal entitlement to unpaid holiday should be calculated with a figure of 60 hours or a larger figure?

 

Due to consistently working more than my contracted hours, is there anything else I should be legally entitled to?

 

Many thanks

[postggj]

You state that you have been working five hours more that what your contract states on a regular basis

 

That can be seen as a custom and practice entitlement now and then an implied term in your contract

 

This is important

 

1/ how many hours a day have you been working

2/ how many days do you work over in a seven day period

3/ what is your total weekly hours

4/ what area of employment are you working

[dhokes]

You state that you have been working five hours more that what your contract states on a regular basis

 

That can be seen as a custom and practice entitlement now and then an implied term in your contract

 

This is important

 

1/ how many hours a day have you been working

2/ how many days do you work over in a seven day period

3/ what is your total weekly hours

4/ what area of employment are you working

 

 

Based on my original contract of 12 hrs, I was/am rota-ed to work (4hrs x 3 days a week). Since then, the general level of activity of the business has increased significantly.

 

1. Varies from 4 - 7.5 hrs.

2. Varies from 3 - 4 weekdays.

3. In the last 12 weeks, it's varied from 13 - 20.5 hrs

4. Accounts.

[Sidewinder]

You can try to make the C&P argument, and I have known this to work, however it is not always straightforward.

 

Much depends on the obligation to do overtime - what would be the consequence of you refusing? Are the hours automatically rota'd or are you asked if you would work them?

 

How is it detailed on your payslip? Is it clearly shown as 'overtime'? Are you paid a different rate for the extra hours?

 

One unwanted side effect of trying to force the employer's hand is that you might find that the overtime suddenly stops and you are back to contract hours only. How would you feel if you were to win the battle but lose the war? Have you worked there for two years or more, and therefore have more protection? If not, then the employer might find a reason to get rid of you.

 

Always best to try and negotiate before quoting law at an employer!

 

Many businesses now use part time staff to flex up according to business need, and in general, can do so without having to base holiday on the increased hours, only the contracted ones. Until the practice is tested through Tribunal claims, it seems that they will continue to do so.

[dhokes]

You can try to make the C&P argument, and I have known this to work, however it is not always straightforward.

 

Much depends on the obligation to do overtime - what would be the consequence of you refusing? Are the hours automatically rota'd or are you asked if you would work them?

 

How is it detailed on your payslip? Is it clearly shown as 'overtime'? Are you paid a different rate for the extra hours?

 

One unwanted side effect of trying to force the employer's hand is that you might find that the overtime suddenly stops and you are back to contract hours only. How would you feel if you were to win the battle but lose the war? Have you worked there for two years or more, and therefore have more protection? If not, then the employer might find a reason to get rid of you.

 

Always best to try and negotiate before quoting law at an employer!

 

Many businesses now use part time staff to flex up according to business need, and in general, can do so without having to base holiday on the increased hours, only the contracted ones. Until the practice is tested through Tribunal claims, it seems that they will continue to do so.

 

The consequences would be quite severe. Sometimes I'm asked to work extra hours, sometimes I simple work the extra hours and add them to my timesheet.

 

Re payslip - it's shown as 'backpay' and it's paid at the same rate as contracted hours.

 

I've worked over a year and actually, I'm planning to leave soon so I want to ensure that I will get paid my legal entitlement re. holiday pay.

 

Another note, the contract states:

 

'Your annual holiday entitlement is 25 working days pro rata and due to this being an annualised hours contract, your entitlement will be calculated in hours, which equates to 60 hours. You will not be required to work Statutory Holidays.'

 

1. Legally I should be entitled to 67.2 hours of holiday, right, or because I'm not required to work statutory holidays and I get paid for them, it's okay?

 

2. When I take a day off as paid holiday, it's calculated as 4 hours of holiday as I'm contracted/rota-ed to work (4hrs x 3 days/week) which I understand. When there's a bank holiday, it's calculated as 2.5 hours holiday. Is that correct?/How would that be calculated?

 

Thanks in advance