Holiday entitlement based on average hours??

[postghost]

Does anyone know what a part timers entitlement would be if their average working week was more than their contracted hours??

If I work hypothetically 32 hours a week and have done for 2 years, does that mean that I am owed 8 x 7 hours??

I recall someone on here with a 1 hour contract achieving something through this. Was wondering how it stood for varying contracted hours.

Any advice appreciated.

[Biker Mouse]

Does anyone know what a part timers entitlement would be if their average working week was more than their contracted hours??

If I work hypothetically 32 hours a week and have done for 2 years, does that mean that I am owed 8 x 7 hours??

I recall someone on here with a 1 hour contract achieving something through this. Was wondering how it stood for varying contracted hours.

Any advice appreciated.

Holidays are based on contracted hours!

[postghost]

Does anyone know what a part timers entitlement would be if their average working week was more than their contracted hours??

If I work hypothetically 32 hours a week and have done for 2 years, does that mean that I am owed 8 x 7 hours??

I recall someone on here with a 1 hour contract achieving something through this. Was wondering how it stood for varying contracted hours.

Any advice appreciated.

Holidays are based on contracted hours!

Are you sure??

I wish I could find the thread about the guy who was on a 1 hour contract but got re-imbursed for holidays he was entitled to.

[Biker Mouse]

Does anyone know what a part timers entitlement would be if their average working week was more than their contracted hours??

If I work hypothetically 32 hours a week and have done for 2 years, does that mean that I am owed 8 x 7 hours??

I recall someone on here with a 1 hour contract achieving something through this. Was wondering how it stood for varying contracted hours.

Any advice appreciated.

Holidays are based on contracted hours!

Are you sure??

I wish I could find the thread about the guy who was on a 1 hour contract but got re-imbursed for holidays he was entitled to.

I'm on a 32hr contract covering a full time walk and have been for the last 18 months and I only get 32 hrs holiday pay etc.

[DGP1]

http://www.royalmailchat.co.uk/communit ... =1&t=17423" onclick="window.open(this.href);return false;

Is one thread but if you look for whitemoor66, he was the one who took RM to tribunal.

[postghost]

http://www.royalmailchat.co.uk/communit ... =1&t=17423

Is one thread but if you look for whitemoor66, he was the one who took RM to tribunal.

Thanks, that's the one.

[postghost]

http://www.thompsons.law.co.uk/ltext/l0990001.htm" onclick="window.open(this.href);return false;


What is a normal week’s pay?

This is:

• What a worker would earn in a normal working week if they work regular hours
• The average hourly rate multiplied by the average of the normal weekly hours over the previous twelve weeks, if their normal weekly working hours vary
• The average pay over the previous twelve weeks if they do not work their normal working hours

So am I right in saying if someone on a 20 hr contract has worked in excess of 30 hours over the last 12 weeks, they are entitled to the equivalent when on annual leave??

[Biker Mouse]

http://www.thompsons.law.co.uk/ltext/l0990001.htm


What is a normal week’s pay?

This is:

• What a worker would earn in a normal working week if they work regular hours
• The average hourly rate multiplied by the average of the normal weekly hours over the previous twelve weeks, if their normal weekly working hours vary
• The average pay over the previous twelve weeks if they do not work their normal working hours

So am I right in saying if someone on a 20 hr contract has worked in excess of 30 hours over the last 12 weeks, they are entitled to the equivalent when on annual leave??

No because RM HR say the following.
1.Your normal working hours are your contracted hours.
2.Your normal working week can only vary by working overtime.
3.ALL overtime is voluntary therefore ACAS rules on the twelve week do not apply!
Sh*te isn't it?

[hantsman]

http://www.thompsons.law.co.uk/ltext/l0990001.htm


What is a normal week’s pay?

This is:

• What a worker would earn in a normal working week if they work regular hours
• The average hourly rate multiplied by the average of the normal weekly hours over the previous twelve weeks, if their normal weekly working hours vary
• The average pay over the previous twelve weeks if they do not work their normal working hours

So am I right in saying if someone on a 20 hr contract has worked in excess of 30 hours over the last 12 weeks, they are entitled to the equivalent when on annual leave??

No because RM HR say the following.
1.Your normal working hours are your contracted hours.
2.Your normal working week can only vary by working overtime.
3.ALL overtime is voluntary therefore ACAS rules on the twelve week do not apply!
Sh*te isn't it?

The thing is its not overtime until the 40 hours are reached, I was shouted down last time I posted. I believe the average 12 hour week applies, never mind if its a 1 hr contract or 32. If you work a FT 40 Hr contract you will only get the full time leave.

[Biker Mouse]

http://www.thompsons.law.co.uk/ltext/l0990001.htm


What is a normal week’s pay?

This is:

• What a worker would earn in a normal working week if they work regular hours
• The average hourly rate multiplied by the average of the normal weekly hours over the previous twelve weeks, if their normal weekly working hours vary
• The average pay over the previous twelve weeks if they do not work their normal working hours

So am I right in saying if someone on a 20 hr contract has worked in excess of 30 hours over the last 12 weeks, they are entitled to the equivalent when on annual leave??

No because RM HR say the following.
1.Your normal working hours are your contracted hours.
2.Your normal working week can only vary by working overtime.
3.ALL overtime is voluntary therefore ACAS rules on the twelve week do not apply!
Sh*te isn't it?

The thing is its not overtime until the 40 hours are reached, I was shouted down last time I posted. I believe the average 12 hour week applies, never mind if its a 1 hr contract or 32. If you work a FT 40 Hr contract you will only get the full time leave.

I believe overtime to be hours worked in excess of your contracted hours even though they are paid at the same rate. I agree that the 12 week rule should apply!

[fishtank]

whitemoor66 successfully argued that his 1hr contract was a farce as there is no way that he could do the job in 1hr.
So he showed that in reality he didn't have a reasonable contract and that the average hours he worked must represent his contract.
It would be much more difficult to show that with a 25hr or 30hr contract.

[hantsman]

whitemoor66 successfully argued that his 1hr contract was a farce as there is no way that he could do the job in 1hr.
So he showed that in reality he didn't have a reasonable contract and that the average hours he worked must represent his contract.
It would be much more difficult to show that with a 25hr or 30hr contract.

Agree mostly, but the principle remains the same though, the 12 hour average week was brought in for a reason, IMHO to stop this.

[Dorset Plodder]

For some reason I picked postghosts question up on an old post. Totally agree that this leave system sucks. Never mind the letter of the law, this contracted leave business is bloody immoral! We've got PT Posties working 40 plus hrs a week for years in some cases, yet come leave they can't put their feet up and relax as they know their losing money.
Of course I realise that's the way RM want it to work, along with pro-rata payments,but can't the Union now start to address these types of problems that are related to an ever growing Part Time workforce?
Although it now seems we have a new "under class" of worker (no offence) the poor buggers who are on one of these crappy 22.5 hr rolling 12 week contracts!!
We know management say their just to help out over the Revision changes etc. but how many are still going to be kept on year on year?

[fishtank]

For some reason I picked postghosts question up on an old post. Totally agree that this leave system sucks. Never mind the letter of the law, this contracted leave business is bloody immoral! We've got PT Posties working 40 plus hrs a week for years in some cases, yet come leave they can't put their feet up and relax as they know their losing money.

I agree up to a point but what would you say to someone who regularly does 60-70hrs a week?
Are they or should they be entitled to 60-70hrs holiday pay?

[Wessex]

My mate who is on a one hour contract rang up hr in Sheffield and said I believe I am entitled to more holiday pay.They told him yes and to get his manager to deal with it and he got 2 years backdated pay I believe worked out on a 3 monthly average if I recall correctly.It came to a 4 figure sum