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Annual leave and overtime

6 replies

VeryTiredandweary · 19/10/2020 11:11

My dad has worked approx 20 hours per week for the last 14 months for her employer, while also studying at uni. She was given annual leave on a pro rata basis. Now her studies have finished she was asked to do additional hours in a similar (but not the same) role. They are paying her "overtime" for these extra hours, but it is not enhanced, just normal time. She has not been given any extra annual leave. Her contract has not been changed. Is no more annual leave correct?

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FieldOverFence · 19/10/2020 12:21

Overtime doesn't usually give any extra annual leave, and can be paid at single time.
What is in her contract ? Are the 20 hours stated on there ?

VeryTiredandweary · 19/10/2020 13:27

Thanks for reading. Yes her original contract states the original number of hours but nothing about overtime. I am aware overtime doesn't usually bring annual leave but that is because it is usually at an enhanced rate. So she is now working about 34 hours per week for the foreseeable and only getting annual leave based on 20 hours.

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TyneTeas · 19/10/2020 13:32

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

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

"Some employers might include overtime, commission and bonus payments in your full 5.6 weeks' paid holiday (statutory annual leave), but they do not have to. This is because the law on overtime, commission and bonus payments being included in holiday pay is based on the EU Working Time Directive, which is 4 weeks' holiday only."

Margaritatime · 19/10/2020 13:56

I would not consider your DD is working overtime. In my experience anyone working part time (20 hours) would be paid additional hours at their normal rate up to full time hours. Overtime is normally extra hours worked over and above full time hours. If the organisation is a Monday to Friday employer then any work on weekends would be overtime irrespective of whether you worked full or part time.
Additional hours over a period of time can lead to additional annual leave to reflect the hours worked. If yogurt daughter is now working 34 hours her annual leave should be recalculated from the date her hours increased.
TyneTeas is right if it is overtime. However, if they are not recalculating her annual leave they must apply this instead. For example employee works 4 X 5 hour days = 20 hours so 1 days leave is 5 hours pay and they use 5 hours leave entitlement. Employee then works 4 X 8.5 hours = 34 hours but leave entitlement is unchanged so 1 days leave is 8.5 hours pay but they only lose 5 hours leave entitlement.

Margaritatime · 19/10/2020 13:57

Your daughter not yoghurt

VeryTiredandweary · 19/10/2020 14:40

Thank you for your help, that has been very useful.

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