Annual leave HELP !!!

[islfor]

A colleague in work is on a 35hr contract but he does 40hrs plus every week, is it law that the employer should pay him 40hrs pay when he is on A/L after he has worked 12 weeks prior on F/T hours.
Seen it somewhere, might be a download ??

[yokel]

Dont think so I have been on a 30 hour contract for years and ALWAYS and only do full time jobs I claim 2 hours overtime each and everyday but my pay drops when i am on holiday My union rep says he hasnt known anyone work full time yet be on a part time contract as long as me. However, when I am on holiday or sick it's back to 30 hours.

[fishtank]

Only if you could prove that the overtime was compulsory or contractual which it isn't so......no.

[hantsman]

I believe he/she should get full time leave based on the prior 12 weeks, but nobody has tested this yet IMHO

[TrueBlueTerrier]

The one everyone seems to remember was a member on here in 2007 or 2008 who was on a 1 hour contract. He took RM to tribunal I think on the groounds of reasonabilty and fairness as when he was on leave he got 1 hours pay. The ET found in his favour in that he was expected to do more than his 1 hour each week - therefore he was awarded compensation and had his leave paid out on an average over the preecding 12 weeks.

IIIRC his nickname was something like, or similar to Whitemoor .

[fishtank]

The one everyone seems to remember was a member on here in 2007 or 2008 who was on a 1 hour contract. He took RM to tribunal I think on the groounds of reasonabilty and fairness as when he was on leave he got 1 hours pay. The ET found in his favour in that he was expected to do more than his 1 hour each week - therefore he was awarded compensation and had his leave paid out on an average over the preecding 12 weeks.

IIIRC his nickname was something like, or similar to Whitemoor .

The reason the case was successful is that he was able to show that a 1 hr contract in no way reflected any possible job within Royal Mail.
He proved that the 1 hr contract was simply a means of paying him less annual leave and sick pay not a proper contract of employment....a farce....after all Royal Mail could not simply revert him to his contracted hours could they?

Try that with a 35hr contract and you will simply find yourself working 35hrs the following week.