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Overtime/holiday entitlement

6 replies

Midnight0 · 27/03/2018 15:39

My employment contract at the time when I started work for the company stated my contracted hours per week are 15(5days x 3hrs). Every time I take a holiday, I would get paid 3hrs per day.

In reality, I have been working between 26-33hrs every week. Can anyone explain what happens to my holiday allowance? Does it change?
I have a feeling my manager is trying to screw me over by not paying me all the holiday money I am entitled to.

OP posts:
CotswoldStrife · 27/03/2018 15:46

How regular is the overtime and is it voluntary or do you have to work it?

There was a case recently about voluntary overtime.

Midnight0 · 27/03/2018 16:21

It is voluntary, because I work those hours out of choice (the manager asked me what hours I am available and just puts me on the rota).
I think the 15 hour contract were bare minimum contracts, so that the manager wouldnt be obliged to give more hours to people on quiet weeks.

The overtime is as regular as it can be. I started work for this company in July 2017, and since then I have worked 2 weeks that were 22 hours and all the other week range between 27 and 33 hours.

OP posts:
UrsulaPandress · 27/03/2018 16:22

You will only get paid holiday for your contracted hours.

Midnight0 · 27/03/2018 16:25

So I would have literally been better off having a zero hours contract in this situation?

OP posts:
Psychobabble123 · 27/03/2018 18:24

Yes sick and annual leave pay will be based on your contracted hours. If you are building TOIL that you are unable to take off, refuse to work over your hours unless ypu receive a new contract with hours that reflect the work you actually do.

flowery · 27/03/2018 18:36

"You will only get paid holiday for your contracted hours."

If your employer does this they will be acting unlawfully. Regular or normal overtime must be included in calculations of holiday pay, whether it's compulsory or voluntary. There's been lots of case law about this over the last couple of years, but the basic principle of holiday reflecting normal pay rather than contractual pay is now very well established and this includes in reference to overtime.

This is helpful from Acas

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