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Minimum hours and holiday pay

(9 Posts)
Afterthestorm Sun 15-Jan-17 19:23:04

Wonder if anybody can help me. I have just changed from self employed to employed, working for the same company, as yet don't have a written contract and it's all a bit woolly.

I have been verbally guaranteed a minimum of 16 hours a week work, I am paid hourly. In December I did not work this minimum as I wasn't offered enough hours, partly due to the office being closed. I was more than willing to do it. My manager has made up my pay by using 3 days of my holiday entitlement. Is this correct? I thought I would get my 16 hours guaranteed hours and still have my holiday entitlement intact.

Many thanks.

daisychain01 Sun 15-Jan-17 20:52:46

I would chase up the written contract because once it's in writing that they guarantee you a base of 16 hours a week, they can't back down from their contractual obligation.

If it stays vague and woolly, and verbal, they could play shenanigans for ever more?

Your boss was very mean taking away your holiday, I'd mention it to him, hopefully they will honour the verbal commitment for 16 hours and give you back your holidays.

Afterthestorm Sun 15-Jan-17 21:09:09

Thanks for the reply. TBH I think it's more ignorance than being mean. It's a new business and I am their first employee. My manager (she, by the way) justified it by saying that in factories employees are made to take their holidays at Christmas when the whole place shuts down, so this is just the same.

I took an hourly pay cut when going from self employed to employed to partly make up for them having to pay holiday pay, so I feel hard done by. If i know they shouldn't be doing this I will tell her I am not satisfied and will speak to Acas if needs be. Thanks again.

Akire Sun 15-Jan-17 21:13:50

It's normal for business to close over Xmas and to pay you as normal but use holiday allowance. For example if office is closed week at Xmas and summer I woulnt expect get 28 days holiday plus those 2 weeks. Sounds normal to me.

NotThrowAwayMyShot Sun 15-Jan-17 21:19:29

Yes they can do that as long as a certain amount ofnotice is given.

Employers are entitled to dictate when employees take holiday especially during shutdown periods.

EdenX Sun 15-Jan-17 21:26:26

Totally normal to have to take holiday during Christmas shut down.

Afterthestorm Sun 15-Jan-17 21:51:16

Now I'm confused. I am only part time and paid hourly so different to a full time salaried factory worker, I think the example given may have confused things.

If I was full time and the office shut I would expect to use up my holiday but would still get paid my usual salary. I could have done my usual 16 hours a week but my manager didn't require me to work them (we job share and she still needs to do a set amount of hours so there weren't enough left for me to do mine), so I believe I am still entitled to my 16 hr guaranteed wage without having to make it up by using up 3 days holiday. Could anybody with HR experience confirm for me please?

NotThrowAwayMyShot Sun 15-Jan-17 21:55:10

I work in payroll. We have both salaried & hourly paid workers.

Hourly paid workers are usually guaranteed at least a certain number of hours per week.

During Christmas week those hourly paid workers were not required to work & they used holiday allowance instead.

EdenX Mon 16-Jan-17 15:48:21

So do you work set hours each week, or variable hours but a minimum of 16?

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