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Contract clause example required (hourly holiday)

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KarlFromDorset

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Sep 4, 2010
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Me again…following on my my earlier post:

For the life of me I’m struggling to find an example “Holiday” clause for giving holiday in hours and how we want them to take said holiday eg. If he works 6 hours on a Monday, then he can’t request less than 6 hours.

Or do we have to convert from hours to days/weeks?

I’ve tried everywhere (here, FSB, ACAS) Anyone have an example or template?
 
Dunno!!

We’re issuing a contract as we didn’t have one before and this is the sticking point. We’ve always done it by days.

Long story short…have been nice employers/brother and allowed flexibility and now all our niceness has been turned on us for breach of contract…even though there wasn’t an official one to breach.

We live and learn the hard way!
 
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Well if that's the only sticking point write it as so many days weeks which equate to X amount of hours. The most important factor for me would be how you allow them to take holiday entitlement and the contract should clearly state all the "rules" around how this should be planned / requested etc as it needs to meet operational needs.

Suggest this should be picked up by our forum guru @Newchodge to give you a view on the way forward before committing yourself
 
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KarlFromDorset said:
For the life of me I’m struggling to find an example “Holiday” clause for giving holiday in hours and how we want them to take said holiday eg. If he works 6 hours on a Monday, then he can’t request less than 6 hours.
Click to expand...
Why do you want to? Simply sayy that holiday can only be taken in complete work days. Although I cannot for the life of me see why you would.
 
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KarlFromDorset said:
Dunno!!

We’re issuing a contract as we didn’t have one before and this is the sticking point. We’ve always done it by days.

Long story short…have been nice employers/brother and allowed flexibility and now all our niceness has been turned on us for breach of contract…even though there wasn’t an official one to breach.

We live and learn the hard way!
Click to expand...
If his holiday is treated the same way as everyone else's holiday, then how can it be a breach of contract?

An employment contract exists, whether it has been issued or not.

How long have they worked for the company?
 
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from HMRC

www.gov.uk

Holiday entitlement

Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes.
www.gov.uk www.gov.uk

"
The amount of leave depends on:

  • how often they get paid (their ‘pay period’)
  • how many hours they worked in a pay period
Their entitlement will be 12.07% of the hours they worked in a pay period. It must be rounded up to the nearest hour if the entitlement is 0.5 of an hour or more.

For example, if they worked 30 hours and are paid weekly, they’ll have earned 4 hours leave (30 × 12.07 ÷ 100 = 3.621). They can take this leave from their next pay period."


www.gov.uk

Holiday entitlement

Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes.
www.gov.uk www.gov.uk

"Part leave days​

Some workers may be entitled to a part leave day - for example if they’re part-time or have a half day’s leave to take. How a part day should be taken is up to the employer."
 
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NickGrogan said:
from HMRC

www.gov.uk

Holiday entitlement

Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes.
www.gov.uk www.gov.uk

"
The amount of leave depends on:

  • how often they get paid (their ‘pay period’)
  • how many hours they worked in a pay period
Their entitlement will be 12.07% of the hours they worked in a pay period. It must be rounded up to the nearest hour if the entitlement is 0.5 of an hour or more.

For example, if they worked 30 hours and are paid weekly, they’ll have earned 4 hours leave (30 × 12.07 ÷ 100 = 3.621). They can take this leave from their next pay period."


www.gov.uk

Holiday entitlement

Holiday entitlement or annual leave - information for employers and workers on entitlement, calculating leave, taking leave, accruing leave and disputes.
www.gov.uk www.gov.uk

"Part leave days​

Some workers may be entitled to a part leave day - for example if they’re part-time or have a half day’s leave to take. How a part day should be taken is up to the employer."
Click to expand...
That only applies to part year or variable hours workers whose leave year started on or after 1 April 2024. There is nothing in the OP's post to suggest it applies. Unless it was in their previous post?
 
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Ultimately you'll have to end up with the same answer, so perhaps you can highlight a better source?

Does the part that states the employer is the one who defines how part day holiday should be taken currently apply?

And that an employment contract exists, even if one has not been issued?
 
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KarlFromDorset said:
Dunno!!l
We’re issuing a contract as we didn’t have one before and this is the sticking point. We’ve always done it by days.

Long story short…have been nice employers/brother and allowed flexibility and now all our niceness has been turned on us for breach of contract…even though there wasn’t an official one to breach.

We live and learn the hard
Click to expand...
 
Upvote 0
NickGrogan said:
If his holiday is treated the same way as everyone else's holiday, then how can it be a breach of contract?

An employment contract exists, whether it has been issued or not.

How long have they worked for the company?
Click to expand...
He’s worked for us for 5 years.

We’ve been nice and accommodating with regards to sick pay, holiday and time of for dependants and is now using it against us now as we try to gain control of our business!
 
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There is always a contract, even if there is no formal written document.

You posts aren't really very clear. What is the specific contract breach he is alluding to, and what did you say/do to trigger him?
 
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