Annual leave question

[antoroo11]

Hello,

I work in a place where my line manager makes the rota every month.

Its a job that needs people working seven days of the week, so you could be scheduled to work any day of the week,

however I have always got one day off from work every week.

This week I booked three days of annual leave off , monday, tuesday and wednesday.

I saw that my boss has now scheduled me to work Thursday, Friday, Saturday and Sunday of this week.

My question is, shouldnt I be still be entitled to get one day off per week, even on a week that I have booked off annual leave?

Using a different person as an example.

Say for example, a person works monday to friday, and they always have saturday and sunday off.

Say That person then books monday to wednesday, off on annual leave, they still have Saturday and sunday off, as they are their two normal days off work.

I feel like he is screwing me with this rota.

Has anyone worked shifts like me, and knows what is correct about annual leave in this instance?

Wouldn't your non working day fall across the Mon/Tues/Wed and in that situation you'd be entitled to take back 1 day of your annual leave instead?

They have put the three days down as annual leave.

They have screwed me in different ways with working hours and rotas before.

So i will have to argue with them to get them to hear my point.

I wanted to check that I am correct, before I bring it up

Has anyone worked these kind of shifts.

Does what I am saying, sound correct?

Are you on an annualised hours contract?

Surely it goes on hours worked in a week - eg if you’re meant to go 45 hours a week then your annual leave and work days for tgst week need to add up to total. But from what you say I agree should be another day off

I don't work the same hours in any week.

I am meant to work 140 hours in a month, but the hours change every week.

Some weeks I have worked 26 hours, some weeks I have worked 50 hours.

You work 6 days a week a week with 1 day off
you booked 3 days annual leave
so your working week should be
3 days leave
3 working days
1 day off
equals 7 days

Sounds like annualised hours which means your manager can dictate when snx how many hours you work. So long as you are doing the hours required

Yes but by UK law aren't we all entitled to a minimum of one day off per week?

What does your contract say?

It just says that I am required to work 140 hours a month.

Wow this sounds really confusing

It is a confusing, unorganised rota at the best of times.

I have complained about other things to do with it before.

Without knowing your contract situation (or being an expert on employment law), it’s hard to say for definite but yes it does seem that you are taking 3 days leave when you only needed to take 2 tagged on the side of a rest day.

@antoroo11 Just tell your boss this.

Its a bad situation where I work.

I will explain it a bit more.

There are only two of us on my team. One is the line manager, the other person is me.

The line manager does the same job that i do.

He makes the rota. I feel that he often abuses the rota to make it better for himself and worse for myself.

I did already query why I am working six days a week, when he is working five days a week. He said "well we only legally have to give you two days off in fourteen days".

I stood up for myself and said , if you are working five days a week and getting 2 days off, I am not working six days a week and getting one day off.

I did manage to get that changed for next month. I am working five days a week, instead of six days a week, next month.

I will but I am stressed going in as i know he doesnt give a shit about employee rights.

It is just going to be another argument.

But i have to stand up for myself. I will trt and contact ACAS first and get advice from them too

Reading your updates there doing nothing wrong
your contract only specifies 140hrs a month not how many hours per week
and he’s right you need 2 days of in a 14 day period
so the week after you would have to have 2 days off

its shit but ultimately it’s not wrong

What does your contract state about holiday entitlement?

Ideally you’d know your rota well in advance before you book your annual leave. So if you wanted certain days off then you’d know if this was already a non-working day or a day you needed to use annual leave for. I used to work in a team of 12 people and we covered shifts 24 hours a day, 7 days a week between us. But our shifts rotated in a pattern and we knew the shift pattern for the whole year in advance.

No we get the rota for the next month, about week before the next month starts

When you've got leave, have you checked youre working fewer hours that month? But still getting paid?

Do you know how your leave is calculated? If not, ask.

Hello, yes, you should still have an additional day off on top of your 3 days annual leave, so just 3 days working that week rather than your usual 6. I’d mention this to your manager and ask them to re-do the rota to include your non working day for that week. If they won’t, then you’d only be taking 2 days annual leave instead of 3 and they’d need to record it as that.

I take it you’re a 6 day worker in your contract? You’re entitled to 5.6 weeks x 6 days, so 33.6 days annually, unless you work irregular hours and you’d work your annual leave as hours x 12.07 %. So I’d just keep tabs yourself on your annual leave so you know where you’re upto.

Yes you are entitled to 24 hours rest in a 7 day period but a days annual leave meets that requirement.

I would address this from a pay perspective.

If you work 140 hours a month and take 3 days leave of 7.5 hours =22.5 hours leave so you only work 140-22.5=117.5 hours.

If at the end of the month you have taken 22.5 hours leave and worked 125 hours then you have worked 22.5 + 125=147.5 hours.

If your payslip is shows either 140 x hourly rate or 1/12th salary then you have been underpaid by 7.5 hours.

HTH

No
2 days in 14 so in theory you can’t work 12 days in a row

@rwalker yes it’s either 24 hours in 7 days, 2 x 24 hours in 14 days or 48 hours in 14 days.