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Advice needed about annual leave entitlement

(4 Posts)
heef Wed 14-Jun-17 11:24:58

I work 35hrs per week permanent contract and have a .5hr per week temporary contract. I also have a zero hrs contract for a different role within the same company.
My employers are saying I need to take my annual leave entitlement in days rather than hours- my problem is I work a different amount of hours each day so depending on what days I take I could be loosing out (if I take my longer days for example ) or I could maximise my entitlement by taking more of my shorter days.
Does anyone know where I stand legally?

INeedANameChange Wed 14-Jun-17 11:35:08

You can take it in days/weeks, but the company needs to calculate your average earnings over the past 12 weeks to get an accurate figure.

So you'd receive additional pay, rather than additional hours/days.

prh47bridge Wed 14-Jun-17 17:40:17

I'm afraid INeedANameChange is wrong. The employer cannot legally give you additional pay in lieu of any of your statutory holiday entitlement.

If they give you a lot more than the statutory minimum (28 days) it may not matter how it is calculated from a legal perspective. However, if they are only giving you the minimum or close to it, the only practical way to calculate holiday entitlement for someone working variable hours is in hours. You are entitled to 12.07% of your hours worked as holidays. If you only take off your shorter days and as a result your holiday is less than 12.07% of your hours worked your employer will have broken the law.

heef Wed 14-Jun-17 18:12:17

I get the minimum required plus an extra week, we are not allowed to paid in lieu, the amount of hours I work per week doesn't vary but the amount on each day does, e.g. A Tuesday is my longer day and a Friday my shorter day. I just wondered because if it was calculated in hours and I took my AL always on one of my shorter days I would be able to take an extra day and a half compared to if I always took longer days
I also realise I'm probably making no sense to anyone apart from myself!

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