Worked extra days, now told that no holiday accrued because was overtime. What?

[grendel]

I have just resigned from my job because my boss is being such an a*hole that it was making my life miserable.

Clearly annoyed that he cannot torture me for much longer he is now looking for other ways to get at me. He is now going through my holiday record with a fine tooth comb.

I normally work 3 days per week and have the equivalent of 25 days holiday per year = 15 days. During the summer I worked for seven weeks at 4 days per week to provide extra cover during our busiest period. When I calculated my holiday for the year I reckoned I was owed an extra 0.7 days holdiay (which I rounded down to half a day) in respect of those extra days.

Today boss triumphantly told me that I could not claim additional holiday because those extra days were 'paid overtime'. WTF? This is the first time that I have ever heard that:
a) overtime days don't accrue holiday
b) the extra days I worked were counted as overtime rather than an adjustment to my working week.

Is my evil boss correct about a)? And if he is, does the fact that there was never any discussion about how the extra days would be classed at the time, (ie no mention that they would be counted as overtime) make any difference?

He is also arguing that I cannot claim for any bank holidays that did not fall on my normal days of work. Sigh. I'm desperately counting down the days until I am out of there...

This sounds like my job,

I have a 16 hour contract and if I work 30 hours a week I still only get 4 weeks with 16 hours pay each week. It leaves an odd 6 hours somewhere that I take off randomly.

In a previous job holiday was worked out depending on how many hours I worked. I think each company may be different.

Someone who works in HR may be able to tell you more.

I'm not an expert but I think that he is correct. You did worj over time, you receive holidays prorata for your contracted hours and these additional hours weren't contracted.
You also cannot claim bank holidays as time off unless they fall on your normal day of work. I don't work mondays and , therefore, miss out effectively on the bank holidays. Its a bit different if you work shifts on a rolling 7 day a week pattern but your holiday would be however many weeks plus 8 or 10 days for bank holidays.

I've never heard of anyone accruing holiday for working extra days, unless you change your contracted hours which you didn't. Sounds a bit extreme to resign from your job over it.

where i am we do accrue additional holiday for extra hours worked.

MrsJamesMartin - you should be getting paid pro rata for Monday Bank Holidays even though Monday is not one of your normal working days.

once a year i get paid 'holiday' for the overtime i have worked, ie in my wages, not as hol.
I dont work a mon, but get pro rata bankhol time back, ie i work half a week, so i get given half a day extra hol.
But works the other way in that good fri and xmas (i work on a fri) has to be booked at an extra half day hol used , haf given, half owed.

It just seemed common sense to me that if you volunteered to increase your days of work for 7 weeks that you would increase your holiday accordingly. So I was astonished when evil boss said this was not the case.

I suspect that different companies have different rules. One of our problems is that it is a very small company with no contracts, written procedures or anything. We've been left to bumble along happily for years, and only now when I resign does my evil boss decide to start being picky.

Also there was never any discussion that the extra days were classed as 'overtime'. As with most things here there was never much discussion about them at all. Just me saying "We've got loads to do in very little time - would you like me to work 4 days a week over the summer to help get through it?" and boss saying "Yes, that would be good".

MelonCauli: I didn't resign over the holiday issue. I resigned on Monday as a result of an extended campaign of bullying. Only today (after I had resigned) did the boss start picking over my holiday.

Sigh. So it sounds like evil boss is legally in the right, even if he didn't go about it in a very pleasant way.

i think you only become entitled to the extra holidays if you have done the extra hours for 12 consecutive weeks - this could have changed as i have been sahm for a couple of years, but i know it used to be the case

mine is based on all the hit and miss hours i have worked over the year - saturdays and later at night etc, and extra mornings.

Part time workers should get pro-rata public holidays if their shifts don't fall on them (eg don't work Mondays).

It can work the other way round too: I work Mon-Wed and some years have to use a portion of my holidays if too many public holidays fall on days I work, since my work is closed on those days so I don't have the option to work but I'm only entitled to 60% of public holidays.

See here for some info. It's all about ensuring that part time workers don't suffer discrimination due to their hours.