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can you advise me about holiday entitlement, im completely confused.

7 replies

deanychip · 22/11/2008 15:01

So i am contracted to work 22.5 hours a week.
But over the last month i have been averaging 35.
Met with boss...IPR and we spoke about me doing more hours as the service needs this.
But now DH says that i should be entitled to more annual leave to reflect the hours that i have been working.
I never even considered this, so is he right?

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LIZS · 22/11/2008 15:18

I think you'd expect to get time off in lieu or pay for the extra unless your contract is changed. If so your AL entitlement should increase prorata, as presumably currently you get 22.5/35% worth of the full time rate.

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deanychip · 22/11/2008 15:40

I will be getting pay. I shouldnt get both then should i?
Its just that if i put down all of the extra hours that i have done over the last few months, i would never get it back, i would rather get the pay.
Thanks by the way x

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deanychip · 22/11/2008 15:41

Contract has remained the same, that way i can do the extra on my terms and not be held to them iyswim.

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LIZS · 22/11/2008 16:40

If it is a regular thingt then it is worth getting the contract altered as you would also accrue holiday entitlement for the time you working.

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thirtysomething · 22/11/2008 19:16

surely you should get pay AND holiday entitlement for the extra days (as if you were contracted for 35 hours you'd get the holiday owing on 35 hrs per week not 22?)

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flowerybeanbag · 23/11/2008 20:53

What does it say in your contract about over time and holiday?

Employers who have lots of workers with variable hours often use a calculation to work out holiday entitlement, and will often look at average hours over a 12 week period to work out holiday entitlement.

Is it usual where you work to have lots of people doing overtime? The odd extra day here or there, or working late a couple of times, you wouldn't expect extra holiday, you'd just be paid the extra or get time off in lieu.

But if you are averaging a full time week over a month, that's slightly different, and you should ask your boss to recalculate your holiday entitlement based on you working 35 hours a week for that month. It won't be much of a difference for just one month, but still worth having.

If you are going to be doing more hours regularly, you should get your contract altered accordingly. Your holiday will then be sorted at the correct rate, and when it comes to things like pension contributions, redundancy payments and other important things, having your contract closely reflect what is happened can be very important and give you extra protection.

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deanychip · 24/11/2008 16:04

Thanks, think i will contact HR for clarity.
Like you sat, i should have my contract adjusted accordingly to ensure that i have the protection and full entitlements.

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