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HR question - Flex working/annual leave

(10 Posts)
biscuitdunkerette Sun 12-Nov-17 18:10:50

I’ve just started a new job with a small charity. To fit with childcare I am working the hours as 12.30-4.30, 8-3 and 8-6 x 2, which they were happy to accommodate - they say they encourage flexible working.

They have said that when I want to book annual leave for the 12.30-4.30 I will have to book one whole day off. The annual leave allowance is already pretty low.

Where does this sit legally? Surely it is at odds with their flexible working policy? Many other members of staff work compressed hours but none so varied as mine.
TIA.

Lazypuppy Sun 12-Nov-17 18:51:30

They need to give you your annual leave allowance in hours not days as you are not working full time

AJPTaylor Sun 12-Nov-17 22:16:10

Yep, surely it has to be hours as you are doi ng diff hrs each day? So you should have stat min equiv for your hours and then take hols as hours

LurkingHusband Mon 13-Nov-17 10:40:50

I have no idea about the legality, bit it's not unusual.

I once worked Mon-Thu 8:00-4:45, and Fri 8:00-13:00. But taking the Friday off was counted as a whole days leave. (What was even more annoying was working past 13:00 on a Friday, like a site visit, didn't count as extra hours ...)

prh47bridge Mon 13-Nov-17 11:22:37

I have no idea about the legality, bit it's not unusual

It certainly should be unusual. It will be illegal in most cases.

There are two potential problems with this approach.

Firstly, it can result in the employee receiving less than the statutory minimum holiday entitlement. Assuming you worked a 40 hour week you were entitled to 224 hours (5.6 weeks) per year. This includes public holidays. If, say, you took 28 Fridays off one year and did not get any other time off you would only have taken 140 hours, well below the statutory minimum.

Secondly, in the OP's case it sounds like she is part time - I make it 31 hours per week. Making her take a full day off for a day where she only works 4 hours is almost certainly treating her less favourably than full time staff, which is illegal.

If your ex-employer is still handling Friday holidays as you describe they are breaking the law unless they offer substantially more than the statutory minimum holidays - over 40 days per year including public holidays.

The OP says her annual leave allowance is low. Her employer is almost certainly breaking the law regarding statutory holiday entitlement. They may well also be breaking the law regarding equal treatment of part time workers. As others have said, her holiday allowance must be calculated and administered in hours.

LurkingHusband Mon 13-Nov-17 14:16:11

It certainly should be unusual. It will be illegal in most cases.

Shrug. Tell that to GEC-Avery ...

prh47bridge Mon 13-Nov-17 14:39:23

Tell that to GEC-Avery

If that is what they were called when you worked for them it explains a lot. They stopped being GEC-Avery in 1993. The UK didn't get statutory minimum holidays until 1998 and the regulations requiring equal treatment for part time workers did not come into effect until 2000. The company became Avery Berkel in 1993 and changed again to Avery Weigh-Tronix in 2000.

What they were doing in 1992/3 was not illegal at the time. If they are still doing it today they are almost certainly breaking the law.

LurkingHusband Mon 13-Nov-17 14:49:03

What they were doing in 1992/3 was not illegal at the time. If they are still doing it today they are almost certainly breaking the law.

Probably better I stick to IT then smile.

biscuitdunkerette Mon 13-Nov-17 17:22:57

Wowser thanks so much for the replies. Very interesting prh...will figure out a plan.

BritInUS1 Mon 13-Nov-17 17:24:30

They need to work out your leave in hours not days x

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