5 hr contract Holidays

[beanmuncha]

Hi all
i've 2 guys on 5hr contracts who do 30+ hrs a week normally, but one just had a week off and got 5 hrs pay
i thought they were paying them an average of his previous 12 wks?
but got this back via manager:

"Advised from the Pay Implementation team is that the 12 week average route is only used for casuals who have no working hours.
If people have contractual hours, then their AL is referenced against that. So in these cases they would receive their contracted hours as annual leave."

any help would be appreciated

thanks

[clashcityrocker]

There is clearly an expectation that someone on a 5hr contract will be working more than that each week.
Consequently their holiday pay should be based on the 12 week thing.

There is a member on here (whiteant?) who went to a tribunal over this if I remember rightly and won.

I'm sure someone else will provide the link/details or I will when/if my dementia clears.....

[beanmuncha]

There is a member on here (whiteant?) who went to a tribunal over this if I remember rightly and won

It wasn't whiteant i've just gone thru all his posts, i remember that case but can't find it.

[TrueBlueTerrier]

There is a member on here (whiteant?) who went to a tribunal over this if I remember rightly and won

It wasn't whiteant i've just gone thru all his posts, i remember that case but can't find it.

Close - whitemoor66 http://www.royalmailchat.co.uk/communit ... ge#p162162" onclick="window.open(this.href);return false; is the post you want I think

[beanmuncha]

Thanks TBT that's the one

[fishtank]

You will have more difficulty than whitemoor did,his case rested on the fact that his 1hr contract was a token figure which could not possibly reflect the job he was employed to do.

If your 5 hour contracts were employed for instance to cover saturdays only Royal Mail could argue that the 5 hr contract reflected the business expectations and any hours above that were simply voluntary overtime hours.

You might have more joy quoting section 3.3 of the Job Security Agreement.
http://www.harrowcwu.org/wp-content/upl ... t-2012.pdf" onclick="window.open(this.href);return false;

3.3 The level of part timers’ contracted hours will be jointly reviewed locally
on a six monthly basis. Where appropriate, increased contracted hours
will be offered to reflect the hours actually worked and planned.

At any rate flag it up to your branch and get the big boys(and girls) with full release to deal with it.
Complex issues like this need access to legal advice and your DOM now thinks he has the definitive line from the "Pay Implementation team" so you won't get anywhere with him on your own.

[beanmuncha]

Thanks Fishtank i have already sent it up the line(waiting response) just wanted to know what other reps input, anyone else have similar problem etc..
as sometimes the story from above is not always right, but on the ground we say how it is no BS.