1 hour contract, am i entitled to holiday pay?

tragictramp · Post by **tragictramp** » 19 Dec 2008, 18:10

hi i have been on a 1 hr contract since march and have not had any paid holidays and manager,human resources say all i am entitled to is the 1 hr which i am contracted to, but reading the working time regulations to me it suggests that i am in fact entitled to 61 mins per every 10 hrs worked paid. I find it really strange if i am not entitled to any paid leave as i have seen 0 hour contract workers also being paid holidays elsewhere.

Can anyone clear up what or what i am not entitled to?

cheers

DGP1 · Post by **DGP1** » 19 Dec 2008, 18:15

I'm afraid that RM will only pay you 1hour holiday pay per week you're off.

tragictramp · Post by **tragictramp** » 19 Dec 2008, 18:18

but doesnt this break the law, this is direct from the government website and in my eyes entitles me to more than 1 hour per week

"Casual or irregular working patterns

If you work casually or irregular hours it may well be easiest to calculate the holiday entitlement that accrues as hours are worked. The holiday entitlement of 4.8 weeks is equivalent to 10.2 per cent of hours worked. The 10.2 per cent figure is 4.8 weeks' holiday, divided by 47.2 weeks (being 52 weeks - 4.8 weeks).

The 4.8 weeks have to be excluded from the calculation as you would not be present during the 4.8 weeks in order to accumulate annual leave. So if you had worked 10 hours, you would be entitled to 61 minutes paid holiday (10.2 x 10 = 1.02 hours = 61 minutes). The holiday entitlement is just over 6 minutes for each hour worked."

i have worked an average of over 20 hrs per week so it really takes the pxxx if i am not entitled to more

cheers

DGP1 · Post by **DGP1** » 19 Dec 2008, 18:26

You'd really need to take RM to an Industrial Tribunal and then maybe court after that otherwise they'll just keep doing this. Maybe contacting the union might be able to help.

Post by **dvbuk55** » 19 Dec 2008, 18:27

I would have thought this was better handled by the union rep taking up the fact that you have a 1 hour contract and work 20 hours a week - consequently it would seem that there is a requirement for an extended contract. TBH I wouldn't be bothered about holidays on a 1 hour contract because I wouldn't be working a 1 hour contract.

tragictramp · Post by **tragictramp** » 19 Dec 2008, 18:33

hmmm, cheers, i do believe they are totally in the wrong, but i suppose they expect no one to challenge them over this as like myself i can easily be laid off or hours dropped and if i wish to get a permanent job i shouldnt upset them. Also i expect they would lose quite a lot of cash if proved wrong - theres bound to be thousands of workers in the same position, maybe the citizens advice might ne handy, my union rep may as well be a manager he dont do nowt lol, also anyone know how my xmas bonus was £2.50 when ive averaged 20 hrs plus ???

cheers

Post by **TrueBlueTerrier** » 19 Dec 2008, 18:34

Yes see a rep but it might also be worth going to Citizens Advice or an employment lawyer.

The information you posted is interesting but RM may say that you don't work as a casual or irregular hours as they would count the 1hr as regular and the rest as over time. Just playing devils advocate but you must know who RM will play it.

Good luck.

NumptyBumpty · Post by **NumptyBumpty** » 19 Dec 2008, 19:57

Watching this one with interest as I've often thought these 1 hour contracts were dubious.

Post by **dvbuk55** » 19 Dec 2008, 20:06

tragictramp wrote:hmmm, cheers, i do believe they are totally in the wrong, but i suppose they expect no one to challenge them over this as like myself i can easily be laid off or hours dropped and if i wish to get a permanent job i shouldnt upset them. Also i expect they would lose quite a lot of cash if proved wrong - theres bound to be thousands of workers in the same position, maybe the citizens advice might ne handy, my union rep may as well be a manager he dont do nowt lol, also anyone know how my xmas bonus was £2.50 when ive averaged 20 hrs plus ???

cheers

You're on contract pro rata not hours worked. If you were to go sick you would be paid for 1 hour not the twenty you usually work.

k979aaa · Post by **k979aaa** » 19 Dec 2008, 20:14

Try this place http://www.lowpay.gov.uk it gives link's to various government site's. hpoe it help's

Picket · Post by **Picket** » 19 Dec 2008, 20:17

Sorry but i'm not familiar with these '1 hour' contracts - but personally it sounds like theres something majorly wrong here. How is it that theres not more resistance to this exploitation either from Union or a government department. RM surely must need these people for more than 1 hour a day so why is it that a longer contract is not argued for? As a Union we should not tolerate this and where necessary take the appropriate action.

k979aaa · Post by **k979aaa** » 19 Dec 2008, 20:23

Try this http://www.direct.gov.uk/en/Employment/ ... /index.htm

NumptyBumpty · Post by **NumptyBumpty** » 19 Dec 2008, 23:32

dvbuk55 wrote:
You're on contract pro rata not hours worked. If you were to go sick you would be paid for 1 hour not the twenty you usually work.

..and that's why I've always been dubious about these contracts. People are regularly working 20 hours on a 1 hour contract (a lot do) but then have sick and annual leave at 1 hour per week. IMO these people should be treated as having irregular working patterns and leave should be calculated based on it.

bogstandard · Post by **bogstandard** » 20 Dec 2008, 08:28

basicly you flex your contracted hours up. The business have commited to paying you 1 hour come rain or shine, you have volunteered to work more. Similarly you have commited yourself to 1 hour a week, no more. I can fully appreciate how this is not what you would have liked to hear, i sincerley hope i am wrong for your benefit, although honestly, i doubt it.

Keep us all posted best of luck.

Geordie · Post by **Geordie** » 20 Dec 2008, 09:51

Plan B would be to ask the gaffer which hour he would like you to work next week - it might be worth it just to see his face