Holiday entitlement (in a pickle)

[joshwaa]

Hello there!

I came to this website as I am in a bit of distress! I worked temporary for a company for 2 months from November to December working some 30-70 hour shifts and recently (in Jan) got a 5 hour working contract. The contract is for 5 hours per week on Saturday (I am unsure whether it specifies overtime compulsory) however I actually work 25-30 plus hours per week. To be more specific with the working hours my last 3 pay notes (given monthly) say I worked 118 hours (December), 192 hours Jan and 140 hours Feb pay note.

Now here's where it gets weird. My holidays went from 29 hours in December to 8 hours in Jan.. to 8 hours in Feb. It has to be said I have never taken a holiday in the past 4 months and a bit I have been working here. To me this is an absolute outrage, I work hard, do overtime when I can and always try my best at work. To be given these holidays is (to me) unethical and immoral given how much effort I am putting in.

I went to HR asking about the issue and they said because of my 5 hour contract my holiday hours changed... but this does not account for why I gain no holidays in the space of a month. I have discussed the issue and gotten vague answers every time. Nobody in this place seems to have any answers and so I have come here in dire need of assistance.

I had a feeling something suspicious was up when the manager came to me on the shop floor to sign the contract when I was busy. I didn't have much time to read it but asked why it was 5 hours. He told me to save on some paperwork... I figured it was odd but was just happy to finally get a contract!

Sorry for the rant lol... actually while we are on this topic is it legal for a manager to say stay till the work is done? Because me and a colleague (also a new guy) ended up doing a 19 hour shift to get the job done. We did it though haha!

Any suggestions? Decided to go into work tomorrow and sort this out.

Thankyou for your time

[leclerc]

Re: Holiday entitlement (in a pickle)

Hang on, you were on a temporary contract November and December, is that right? Was that temporary contract fixed or was it flexible?

Was it with a temp agency or with the company?
I suspect you were eligible for holiday on the temp contract and effectively either lost it or was paid it because you did not take it.

The 8 hours is possibly per month ie pro rata or a day and a half for EACH month worked so by the end of this month you will have accrued 16 hours or 3 and a third days.

Eloise might be better in regards to that shift pattern of 19 hours but depends when you had the next shift after that stint as to whether there is any legal issues involved...

[joshwaa]

Re: Holiday entitlement (in a pickle)

I was on a temporary contract (flexible) from November to December. I worked different hours depending on when they needed me. Both contracts with the company. I was not paid for my holidays I have lost. My pay notes states Hours remaining 8.43 (top up 1.59) in jan and says exactly the same thing in Feb.

Also if it complicates the situation more someone who started the exact same time as me has 11 hours holiday, works less hours and doesn't have a contract.

[joshwaa]

Re: Holiday entitlement (in a pickle)

Also with regards to the 19 hour shift thing we were working 4 10 hour shifts but the last one turned out to be 19. We got 2 days off after with it being the last day. Probably nothing wrong with that one, just concerned about how I worked 4 months going on 5 and ended up with 8 hours holiday pay to be honest haha

[joshwaa]

Re: Holiday entitlement (in a pickle)

Is there any more information I can give that could help?

[Eloise01]

Re: Holiday entitlement (in a pickle)

I can't quite explain this because there should be some holiday accrual, and it isn't clear why that isn't happening. But there is a trick. It's used a lot in retail. Holiday does not accrue on the number of hours worked - it accrues on basic hours worked. In other words, on your contractual hours. Everything else is "overtime" and holidays do not accrue on overtime. I think you might also find that you have taken holiday in the last four months. Because the last four months included three public holidays, and those are holidays!

[joshwaa]

Re: Holiday entitlement (in a pickle)

I worked boxing day new years eve and new year.. plus Christmas eve lol Didn't work Christmas though! Though the shop isn't open on Christmas and I was not paid for it. So 21 hours vanished. Also I agree with the overtime does not count as accrual, but I still have not gained any holidays in the past month which is odd. So it is the case of the missing 21 hours holiday/ the missing holiday accrual over a month.

Here is what I was thinking about doing. I will check my contract to see if overtime is compulsory. If not I will say O.K. I will use my 5 hours on the Saturday. But as i am only contracted to work on a Saturday I will not come in Sunday, Monday, Tuesday, Wednesday, Thursday or Friday the coming week. Supposing my contract does not specify overtime compulsory I should be able to do that right? lol. If they want me to work 25-30 hour weeks like I do every week they can draw me up a contract for it! Or is that a terrible idea o.o

[joshwaa]

Re: Holiday entitlement (in a pickle)

Also shouldn't there be something done against this whole thing retail is pulling? It's completely unethical!

[Eloise01]

Re: Holiday entitlement (in a pickle)

Here is what I was thinking about doing. I will check my contract to see if overtime is compulsory. If not I will say O.K. I will use my 5 hours on the Saturday. But as i am only contracted to work on a Saturday I will not come in Sunday, Monday, Tuesday, Wednesday, Thursday or Friday the coming week. Supposing my contract does not specify overtime compulsory I should be able to do that right? lol. If they want me to work 25-30 hour weeks like I do every week they can draw me up a contract for it! Or is that a terrible idea o.o

Absolutely, you can do all of that.

Shortly after which you should proceed straight to the pay office and collect your P45. You need two years continuous employment to gain employment protection.

[Eloise01]

Re: Holiday entitlement (in a pickle)

Also shouldn't there be something done against this whole thing retail is pulling? It's completely unethical!

It is not something retail is "pulling" - it is just common in retail. But yes, something should be done about it and no doubt the employees will get around to it eventually. Because the employees doing something about it is the only way something will happen.

[joshwaa]

Re: Holiday entitlement (in a pickle)

Well cheers for the help guys! Was a nice educational lesson