Holiday hours when always work more than contracted for

[UKSBD]

My lad is contracted to work 18 hours a week, but most weeks he works 28 - 35 (7 hour days)

last 3 months probably averaging over 30 hours a week.

He has a holiday booked next week
Just looked at his work Callender and they have him scheduled to work 2 hours a day Sunday to Friday and 6 hours on Saturday (18 hours)

So effectively for his weeks holiday he is paid for 18 hours rather than 35

It's also spread over 7 days, so will they count that as 7 days holiday?

Are they allowed to do this?

 

[Newchodge]

His holiday entitlement is based on his contracted hours, so he should get at least 18 hours * 5.6 weeks per year.

His weekly holiday pay is based on his average weekly earnings over the last 52 weeks. Unkess his employer is operating the 12.07% calculation. Both methods take into account additional paid hours by increasing the hourly rate paid.

He will be taking a week's holiday.

An employee is entitled to a day's break in a 7 day period or at least 2 days' in a 14 day period. Are they applying that. And how old is he?

 

[UKSBD]

His weekly holiday pay is based on his average weekly earnings over the last 52 weeks. Unkess his employer is operating the 12.07% calculation. Both methods take into account additional paid hours by increasing the hourly rate paid.

Thanks, so although they have put down that he is only working 18 hours, he will actually be paid a higher hourly rate based on what he has worked in previous year?

If his average over the year was 30 hours a week, he will be paid for 30 hours even though they have classed it as 18 hours holiday?

He usually only works 4 or 5 days a week (7 hours)

He's never worked 7 days, looks like they have just scheduled it that way during his holiday to get it to equal 18 hours

 

[IanSuth]

Get him to ask them to verify the calculation on an email - then you have something to work from and pick apart.

 

[Newchodge]

Thanks, so although they have put down that he is only working 18 hours, he will actually be paid a higher hourly rate based on what he has worked in previous year?

If his average over the year was 30 hours a week, he will be paid for 30 hours even though they have classed it as 18 hours holiday?

He usually only works 4 or 5 days a week (7 hours)

He's never worked 7 days, looks like they have just scheduled it that way during his holiday to get it to equal 18 hours

That is what he should be paid, as Ian has said, get the calculation confirmed in writing.

 

[UKSBD]

That is what he should be paid, as Ian has said, get the calculation confirmed in writing.

I'm sure they will know far better than me and get the calculation correct.

He hasn't been paid yet, but if he is only paid his normal hourly rate for the 18 hours, we will look in to it more.

 

[Newchodge]

I'm sure they will know far better than me and get the calculation correct.

He hasn't been paid yet, but if he is only paid his normal hourly rate for the 18 hours, we will look in to it more.

Let me know if it is an issue.

 

[IanSuth]

I'm sure they will know far better than me and get the calculation correct.

He hasn't been paid yet, but if he is only paid his normal hourly rate for the 18 hours, we will look in to it more.

many examples of large companies being some of the worst for actually following the laws/rules that sme's manage to get right