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Anybody working in HR? Help needed

(8 Posts)
KarmaNoMore Mon 05-Sep-16 16:42:37

Hi,

I wonder if someone can help with this query:

I have a 2 day contract with my employer and work 14.8 hrs a week.

Another department within this same company needed some additional support so, in addition to my contracted hours, I have been working with this other department for 14.8 hrs a week for 20 weeks.

Am I right to assume that I should be accumulating annual leave for these extra hours? I am being told that as I don't have a contract for such hours, I am entitled to pay (same amount I earn per hour in my contracted time) BUT that I have no access to additional leave. Is this legal?

To make the matter worse our annual leave calendar runs from October to the end of September so even if they give me the leave, I wouldn't be able to take it in full before the end of the period. If this is the case, am I right to expect payment in lieu of the hours not taken as annual leave?

Many thanks for reading this, any answers GREATLY appreciated. :-)

2014newme Mon 05-Sep-16 16:45:31

Yes you should be accruing additional annual leave.
Whether you can be paid for leave not taken depends on whether you have taken at least the statutory minimum as otherwise the working time directive will not have been complied with. Some companies will let you carry over holiday to the next holiday year.

KarmaNoMore Mon 05-Sep-16 16:55:11

Thank you so much for your answer, may I ask what is the statutory minimum?

I know that as I am currently working 29.6 hrs a week I can carry over the same amount but according to my calculations, I am owed 40.55 hours in annual leave for the overtime and I still have 18 hrs to take from my contracted hours.

So I am afraid that if I am allowed to carry forward the maximum amount, there will be 29 hrs that cannot be carried forward and hopefully they should pay? (I would be in heaven if they allowed me to take the time off, but I don't think that is going to happen....)

Many thanks

INeedANameChange Mon 05-Sep-16 19:55:43

Your employer is right. Unless the two roles are entirely separate with two separate contracts, you're legally entitled to extra pay (based on your average weekly earnings over the last 12 weeks) but not extra time off (because you have fixed hours in your contract - if you were zero hours, you'd be entitled to additional leave as well as pay).

KarmaNoMore Mon 05-Sep-16 20:05:22

My contract goes up and down all the time, but this the first time they refused to formally extend my contract hours (I normally get a notification saying that my hours are going to be extended to x from x date to x date, but they refused to do it this time even when they were pressured by the Finance department, they claimed they were too busy to sort it.

So I have finally got the letter today, but it mentions the hours are going to be extended from today. No mention of the hours I have been doing since 5 months ago.

KarmaNoMore Mon 05-Sep-16 21:40:49

Bump for the night crowd.

INeedANameChange Mon 05-Sep-16 21:49:28

Then you may have a claim for unlawful deductions if you didn't receive holiday pay based on your average hours. Going forward, you should receive holiday entitlement and pay based on your actual contractual hours.

SirNiallDementia Mon 05-Sep-16 21:54:16

HR person here.

From ACAS......

"Voluntary overtime is where the employer asks the worker to work overtime and the worker is free to turn down the request as there is no contractual obligation on either side to offer or refuse overtime. The question of voluntary overtime has not been directly considered by any recent judgments, so there is currently no definitive case law to suggest that voluntary overtime needs to be taken into account when calculating holiday pay."

So your employer probably won't pay up I'm afraid.
Is there any policy or precedent in the business for paying it? The company I'm advising at the moment do let staff accrue holiday (time off, not holiday pay) if they work regular additional hours for 3 months or longer.

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