Any HR people about? I'll be brief.

[Fuckingfuckssake]

Thanks for reading, I've taken on a new role at work, it only involves an extra 4 hours a week paid at a higher rate as it's a more senior position, HR have just told me that I will not be paid the 4 hours for the week I was on annual leave as they are not contracted hours, but neither are they classed as overtime (for which we accrue holiday pay) because it's paid at a higher rate. Can they be neither?

They could be, or they might not be. It all depends on what you have contracted with your employer and the legal status of this work (for example as an employee, a sessional worker, freelance etc). If you remain an employee then you need to ask HR on what basis they think you don't get holiday pay, because they are probably wrong about it - but without understanding their rationale we would only be guessing.

Thanks @Quveas I've gone back to them to ask them to qualify what these hours actually are then, I'm an employee with a fixed hour contract, any overtime earns an extra 12%

@Fuckingfuckssake I have several questions:

• what are your contracted hours?
• what are full time hours?
• when did you start working the extra 4 hours?
• what is your leave year?

@Foreversearch 25 hours contracted (part time obviously) 4 hours a week began in January, April to April. Overtime is sporadic, covering sickness and holidays.

@Foreversearch and thank you for your time!

@Fuckingfuckssake If you work the extra 4 hours on your normal working days you are working additional hours not overtime. Most case law relates to overtime only.

The difference is additional hours are the extra hours a part time employee works up to full time hours. Normally they are paid at your standard hourly rate and entitle you to the same T & Cs as a full time employee receive.

Legally, it is a combination of Part Time Workers (Prevention of less favourable treatment ) regulations, Working Time Regulations and Employment Rights Act 1996 (221 to 224).

A complicating factor is you are being paid at a higher rate but this is because you are doing work of the higher grade.

• Be clear with HR you are working additional hours not overtime
• You have worked and been paid 4 additional hours for each week since 1 Jan 2023.
• You are/have taken annual leave on xx/xx/xx date(s) and as a result of taking leave on xx/xx/xx you have been subject to an unlawful deduction of wages (ERA1996 section 13).
• This also constitutes unfavourable treatment as a part time employee. A full time employee receives holiday pay based on their normal pay for working 37.5 (use actual figure) a week. As a part timer you are entitled to pro-rata (29/37.5) of your normal pay when you take leave. You have only been paid pro rata 25/37.5.
• Normal pay for calculating holiday pay is set out in the ERA sections 221 to 224 of the ERA 1996. Note: WTR refers to ERA.
• Please would they recalculate your holiday pay and address the unlawful deduction of wages.

Notes:

1. They can average your pay over 52 weeks so if you take 20 March as leave it’s the 52 weeks ending on 19/03/2023.
2. This means you won’t get the full benefit of the 4 hours until 1 January 2024, but the principle is you calculate each time you take leave.
3. They may argue it’s not regular but that only relates to overtime not additional hours.
4. If you are in a TU ask them to approach HR.
5. If I have misunderstood and the extra hours are paid at overtime rate then you need a different argument.

@Foreversearch wow!!! Thank you so much for taking the time to write all that out, I'll update you when I've laid all that on them.