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Hours Worked & Holidays

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
The ACAS website is not working for me and i need to find something out asap. I want to know if what i've been told is correct regarding the hours I'm working and the holiday entitlement i've been told I'll get.

I'm working 40 hours a week but my contract is a part time one which is for 25 hours a week as a minimum. Been told that based on that information and based on me doing that for the whole of the next tax year my holiday entitlement will be . . 1 week ! .. 1 sodding week !

I can't believe this can be right, surely not ?

If it's true it means I'll have to work 40 hours a week for 51 of the 52 weeks in the year, that's disgusting.

Tell me that's wrong for the love of my sanity tell me it's wrong ! please

ETA: Oh in fact I'll just add another question on this. Apparently we [we is undefined at this moment in time, not sure who we is/are specifically] are not entitled to statutory sick pay, now, assume for a second " we " is referring to the part time workers for the company, again, surely that can't be right ?

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Found this regarding my last question :
    If you have made sufficient social security contributions, you will be entitled to statutory sick pay, payable by your employer.

    I've worked in retail for over 4 & a half years so it's safe to say i have made sufficient SSC's. My work are talking bullshit.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Unfortunatley in most companies, your holiday entitlement is calculated on your contractual hours. You may work full time, but im afraid it will be based oon your 25 hours. My dad works at one of the supermarkets and he had exactly the sme problem, worked his ass off but only got minimal holidays because of his contract. However one week does not sound like much based on 25 hours, not sure though :chin:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just found this on acas.org.uk

    "What does the law say about holiday entitlement?

    The Working Time Regulations 1998 set down the minimum annual leave provisions for workers although some employers may provide more generous contractual holidays.

    Under the Working Time Regulations, workers(1) (including part timers and most agency and freelance workers) have the right to:

    * four weeks paid leave each year (since 23.11.99)

    * payment for untaken statutory leave entitlement on termination of employment

    The provisions in the regulations on holidays and holiday pay do not, at present, apply to services such as the armed forces or police or parts of the civil protection services where their activities conflict with the statutory entitlement to paid annual leave.

    Schedule 2 to the Regs. makes special provisions for annual leave in relation to agricultural workers. More information is available from the Agricultural Wages Helpline - details at the end of the booklet.

    Where can I find out my entitlement to holidays and holiday pay?

    Details of holidays and holiday pay entitlement can be found in;

    * the employee's written contract, where there is one

    * a written statement of employment particulars given to employees by their employer.

    The written statement is required by law and must be given to employees by the employer no later than two months after the start of employment.

    The document should contain sufficient detail to enable the employee's entitlement to be precisely calculated, including any entitlement to accrued holiday pay on the termination of employment.

    What are public holidays?

    Generally, public holidays include bank holidays, holidays by Royal Proclamation and 'common law holidays'. Banks are not allowed to operate on bank holidays. When public holidays in the Christmas and New Year period fall on Saturdays and Sundays, alternative week days are declared public holidays.

    Do employees have the right to paid leave on public holidays?

    There is no statutory entitlement to paid leave for public holidays.
    Any right to paid time off for such holidays depends on the terms of the worker's contract. If the contract is silent, the right to paid leave may have built up through custom and practice.

    Paid public holidays can be counted as part of the statutory four weeks holiday entitlement under the Working Time Regulations 1998.

    How is a part-time worker's holiday entitlement calculated?

    Part-time workers are entitled to the same holidays as full time workers, calculated on a pro-rata basis. For example, an employee who works three days a week is entitled to twelve days paid holiday - their normal working week multiplied by four."
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    As much as I hate to say this, it would appear the company is right. I used to work around 35 hours a week at shops in Haven, but my contract stipulated that I would be doing an average of 30 hours. Therefore, my holiday entitlement was worked out on that. Altogether, after six months of non-stop work, I was entitled to a derisory ten days holiday. I do wonder how widespread such conditions are in the retail industry.

    Sadly, my awareness of statutory sick pay arrangements is next to zero, so I regretfully cannot help you on your second question.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If you're contract is for 25 hours a week then you are entitled to 4 lots of 25 hours holiday (100 hours) which means if you're actually working 40 hour weeks then you get 2.5 weeks holiday.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Your holidays would be worked out based on the contracted hours that you work.

    So if you are contracted to 25hrs, you should get 4 x 25hrs.

    Most companies work this out on an hourly basis, therefore you should have 100hrs to use throughout the year.

    Jon
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