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Holiday pay when working additional hours - moved to chat

6 replies

jorlaleaf · 12/03/2023 15:25

Any HR/legal peeps? I work part time work for the NHS and have a fixed number of contracted hours. Recently for a period of 3 -4 months I worked an additional 10 -12 hours per week (still under full time hours per week). These additional hours have now stopped. I have queried as to whether I should receive holiday pay for the extra hours worked in addition to my normal holiday pay entitlement. However, HR have said no! Is this correct?

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Doyouthinktheyknow · 12/03/2023 15:27

I would think that was correct, unless your substantive contracted hours changed, the additional hours should have been paid as bank which doesn’t come have Annual leave entitlement.

Doyouthinktheyknow · 12/03/2023 15:28

I’m not HR but am a manger within the NHS.

jorlaleaf · 12/03/2023 15:41

Doyouthinktheyknow · 12/03/2023 15:27

I would think that was correct, unless your substantive contracted hours changed, the additional hours should have been paid as bank which doesn’t come have Annual leave entitlement.

Thanks for your reply. They weren't paid as bank. Just additional hours added to my current contracted hours.

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Doyouthinktheyknow · 12/03/2023 15:49

Then your annual leave needs to be adjusted. You definitely would be entitled if CAF was done.

I would question why they are saying you aren’t entitled to annual leave adjustment and do everything via email.

NotDeborahMeadan · 12/03/2023 15:52

If you regularly get paid overtime, commission or bonuses, your employer must include these payments in at least 4 weeks of your paid holiday

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

jorlaleaf · 12/03/2023 17:04

Thanks for your replies. That's how I have read it. I believe bank pay is usually enhanced to take account of the holiday entitlement but with simply additional hours then I would be entitled additional to holiday pay/leave.

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