Work won't give me a new contract

[Buddythecat1]

Hello,
I've name changed as I could do without previous posts being linked to me.

So I started a job a few months ago, I was on 25 hours a week.
Within the month I was doing 45 hours.
It's been 3 months of asking for my new contract, I asked again yesterday and my boss said she will talk to me about it that afternoon
Still waiting..

I feel as though I'm on a thin line (my own personal feelings) so I don't want to keep pushing for it

But what else can I do?

(Also gone above my boss and contacted their boss, with no reply)

Is it that you are contracted to 25 but are just doing the extra as overtime?

For the purposes of my pay, yes
But I need the full time contract for my holiday entitlement

Have they actually offered it as a FTC?

No, but I just presumed I'd get it? Otherwise why am I doing full time hours

Are you getting the additional hours as overtime? Are you in a union?

Why are you doing the extra hours? Because they’ve asked and you are obliging begrudgingly? Or do you want to do 45 hours?

They don’t have to offer you a new contract. No idea why you would assume they would. Equally you don’t have to do the additional hours.

The person who did my job before me left so then they were left with nobody else to do the job unless I stepped up to cover the hours

I want the extra hours but I'm only getting part time benefits for it. My holidays are being reduced because of it

Simply tell them you're happy to do contracted hours and will continue in line with your current contract.

Drop back to 25 and only increase if and when you get your new contract.

Holiday entitlement is 5.6 weeks... the pay you receive for those weeks should be based on the pay you have been receiving..

www.acas.org.uk/checking-holiday-entitlement/calculating-holiday-pay

So if you have regularly been paid for 45 hours per week, a week's holiday pay should be 45 hours pay.

Contact ACAS for advice if this is not what your employer is offering.

Tricky in the early months of working though as they could just reduce your hours..

Are you in the UK? Because if so, your contract is irrelevant because it’s worked out on how many hours/days you normally work. It can be a bit of a minefield though. If you’re not in the UK this advise is irrelevant.

Holiday will be based on hours worked. They can't get out of it.

So I've been working since August, I've only accured 3 days holiday since then and it was paid at my usual 5 hours (my working day) but now I'm doing 8 hours in a day
But this year I'm only entitled to 10 days holiday based on my pt contract
If it was ft contract it would be 20 days

I am yes, my contract says 25 hours to work a week
Then for holidays it says pt will be pro rata

Definitely not, I've been doing 45 hours since the 3rd week of August and I've only had 3 days holiday

Now it's a new year I have 10 days holiday

Sorry I haven't worked in many places before so I was unsure of how the contract situation worked out
I just assumed that ft hours meant ft contract, otherwise why am I doing it?

Presumably for the extra pay. What does it say on your final contract re overtime? Are you in the uk?

You legally accrue holiday allowance for extra hours you do above your contracted hours so you shouldn’t worry about that.

How you get that back is potentially different between companies. Some may add the accrued allowance onto your basic holiday allowance. My old company “paid” me back for any additional accrued holidays.

Just to point something out - you said you feel like your only getting part time benefits and on a thin line. Just to reassure that in the uk part time workers can be treated no less favourably than full time workers. Sure - everything’s pro-rata but so long as your being paid your overtime and your boss can demonstrate how you will get back the holidays then I probably would be reluctant to get them to contract you permanently to full time. After a while you may need to be more flexible with your Hours/how much you want to do. A part time contract gives you a little leverage and the freedom to step back down to those hours.

I'd be quite happy without the extra pay if I'm not going to get my full holiday entitlement
Yes I'm in the UK, nothing about over time on the contract

I think this company are not doing any of those things
I worked August-october then I asked how much holiday I'd accrued, I was told 3 days
So I just took them, now it's a new year I only have 10 days holiday for the whole year

You should have 5.6 weeks or what ever your hours worked are. Usually you get allocated in hours as not everyone's days are the same length.

If I do 20 hours a week if 10 hrs x 2 days my 5.6 weeks would be 112hrs or 11.2 of my days

If I do 20 hours a week of 5hrs x 4 days my leave will be the same 112hrs but will equate to 22.4 days

But ultimately both can take the same number of weeks off on holiday

Okay so I reckon there’s some confusion between converting your holiday allowance between days/hours.

for FT staff it’s just easier to think in days, part time staff should think in hours.

25 hrs a week at 5 hrs a day (so over 5 days a week) gives an annual entitlement of 140 hrs. This basically equates to 18 full days.

assuming your work is closed the (usually) 8 bank holidays you end up with 10 full days (at 8 hrs per day). However as you are part time it should be looked at as hours which is 80 hours….

as you work 5 hrs per day it’s effectively 16 days off work. You should absolutely get this clarified with work though but I would suggest if they are disputing this and saying it’s less - I’d really query it. HR/payroll if you have one.

The 3 days you’d have been given last year should have actually been 24 hours in my calculation (3 x 8hrs) but assuming thesomeone who’s working out your holidays is forgetting to think In hours the maths works out

HOWEVER - you need to take into account you are working overtime. You need to add roughly 6.5 hrs holiday for every full month you do full time hours. It’s possible you may see this back in your pay. If you don’t you need to make sure it’s being added to your annual entitlement. So assuming you worked four months at full time you need to add nearly 20 hours onto last years entitlement. If they haven’t paid you this or let you take this you need to pull them up on this as you are owed this by law

Disclaimer I don’t work in HR - if anyone more HR savvy wants to correct me please feel free.