Holiday Entitlement When Doing Extra Hours

[UKSBD]

I've started a little job helping out at a charity shop

Although some people are volunteers, this is a paid job, supposedly just 7 hours a week (minimum wage).

It turns out though, that it's also providing cover and so far my cover hours before end of this financial year are already more than my actual hours, and I dare say I will be asked to cover even more.

Basically, my schedule is to work 70 hours before 31st March and my cover hours are already 88 hours (this could probably grow)

Talking to the shop manager, I only get 8 hours holiday which have to be taken before 31st March, when I asked about the holiday time for the extra hours she said I don't get anything for that - is that correct?

Contract says;
"The holiday year runs from 1st April to 31st March. In exceptional circumstances, and by prior agreement only, leave may be carried forward to the next leave year. Full time employees are entitled to 27 days paid leave per year and all UK public holidays within the holiday year. Part time staff will be allowed the equivalent time off pro rata to their weekly working hours. Holiday entitlement for part years will be calculated at one twelfth for each completed month."

I know people classed as working irregular hours are entitled to the accrual (12.07%), but does that apply when you are contracted as having an annual salary, but also provide cover?

 

[ctrlbrk]

when I asked about the holiday time for the extra hours she said I don't get anything for that - is that correct?

That can't be right - extra or cover hours or whatever you want to call them must be accounted for.

Probably someone with current HR knowledge can help but "you don't get anything for that" is wrong, surely.

 

[UKSBD]

That can't be right - extra or cover hours or whatever you want to call them must be accounted for.

Probably someone with current HR knowledge can help but "you don't get anything for that" is wrong, surely.

Yeah, probably need to speak to someone higher up rather than relying on what the shop manager thinks.

As it's a charity, I wouldn't be over concerned with just a few hours every now and then, but when the cover hours exceed the actual hours it's taking the pee a bit.

 

[ctrlbrk]

Yeah, probably need to speak to someone higher up rather than relying on what the shop manager thinks.

As it's a charity, I wouldn't be over concerned with just a few hours every now and then, but when the cover hours exceed the actual hours it's taking the pee a bit.

Says it right here in the contract you posted:

"Part time staff will be allowed the equivalent time off pro rata to their weekly working hours."

Working hours is not just the ones scheduled, but the ones actually worked.

 

[UKSBD]

Thanks, it's the fact there are specific rules for people who work irregular hours that threw me.

 

[Newchodge]

By law you are entitled to 7 weeks' holiday per year based on your contracted hours. At 7 hours/week that means you get 49 hours' holiday.

BUT your holiday pay for a week is based on the last 52 worked weeks average weekly pay. If you are paid £10 per hour and work, on average 14 hours your holiday pay would be £140 per week (as opposed to £70 per week based on your contracted hours.

So you don't get additional holiday hours, you get additional holiday pay.

The varied hours 12.07% calculation is only for those who don't have fixed contracted hours, but work varied hours

EDIT: The law gives you a minimum of 5.6 weeks but your contract gives you 7 weeks.

 

[UKSBD]

Thanks,

so assuming I work twice the hours in a month than contracted to, I still get the same amount of hours off, but are paid twice the amount I normally would be for those hours?

The manager is correct in saying I am entitled to the 8 hours off, but I should be paid more for those hours? (which they will work out based on the total hours I will have worked?

It's even more confusing as they say I have to take the days of before 31st of March but some of the cover hours I will be doing are in the last few days of March (after when I would have taken the holiday)

 

[Newchodge]

Thanks,

so assuming I work twice the hours in a month than contracted to, I still get the same amount of hours off, but are paid twice the amount I normally would be for those hours?

The manager is correct in saying I am entitled to the 8 days off, but I should be paid more for those days? (which they will work out based on the total hours I will have worked?

It's even more confusing as they say I have to take the days of before 31st of March but some of the cover hours I will be doing are in the last few days of March (after when I would have taken the holiday)

The law caps the contract, so as long as you get a minimum of what I have described, they can give you more.

The average weekly pay s calculated back from the full week before you take leave, so the additional hours worked at the end of the leave year would be included in the calculation for your next period of leave.

 

[UKSBD]

Thanks again

Whilst you are here

I also see that because of when Easter is in 2026 and 2027 there are actually 10 bank holidays in the year. does the wording of the contract mean employees gain 2 extra days holiday in the year from April 26 to March 27?

 

[Newchodge]

Thanks again

Whilst your here

I also see that because of when Easter is in 2026 and 2027 there are actually 10 bank holidays in the year. does the wording of the contract mean employees gain 2 extra days holiday in the year from April 26 to March 27?

It depends on the exact wording. A properly written contract would not mention bank holidays as part of holiday entitlement

 

[UKSBD]

It depends on the exact wording. A properly written contract would not mention bank holidays as part of holiday entitlement

The contract says - "Full time employees are entitled to 27 days paid leave per year and all UK public holidays within the holiday year"

Because they have worded that badly I assume that means the full time workers will actually get 37 days holiday next year (from April) even though they would really only be entitled to 28 had the contract been written better?

 

[Newchodge]

The contract says - "Full time employees are entitled to 27 days paid leave per year and all UK public holidays within the holiday year"

Because they have worded that badly I assume that means the full time workers will actually get 37 days holiday next year (from April) even though they would really only be entitled to 28 had the contract been written better?

Yes. There are 2 separate elements:

The legal minimum holiday entitlement is 5.6 weeks. for a 5 day week this is 28 days and, by law, can include bank holidays. So a sensible contract would say 5.6 weeks entitlement and a separate clause will deal with 'compulsory' holidays so if the organisation is always closed on bank holidays it would state that you would be required to use part of the holiday entitlement to cover bank holidays. That way everyone gets the same amount of paid holiday, every year. If there is a contractual working week (7 hours) that is the amount of time used in the week's holiday calculation.

A contract can over-ride legal entitlement only if it offers something better. In this case it offers 7 days' additional holiday plus all bank holidays. There are 8 recognised holidays in England and Wales but some years there will be 10 if Easter falls twice in the same holiday year, plus the government has been known to grant additional bank holidays.

The contract is, however, illegal in that it restricts entitlement to 1/12th of a completed month. You start to accrue holiday on the day you start work, so that needs to be changed.

Holiday pay is a separate question and, if there are fixed contractual hours plus additional working time must be calculated on the average week's pay over the previous worked 52 weeks. If there is, eg, a week's sick leave that week does not count for the average. The 52 weeks starts with the week prior to the week the leave starts.