Holiday pay help needed

[Fergie87]

I have been working for the same company for 3 years and I originally signed a contract for 42 hours. However when I moved site 2 years ago I began doing 60hrs monday-friday which is not overtime. Now when I take holiday I am still only being paid for 42hrs, which consqequently means a loss of earnings.
My question is can I formally request for this to be changed and to be paid the full 60hrs whilst taking holiday?

Thanks
Fergie

[Fergie87]

doogz said:

You're contracted for 42 hours. You choose to work more, and you're paid for it.

But now you want to be paid more for taking holidays, because you've gotten used to it?

Good luck with that. You're lucky you get paid to be on holiday at all.

Jumped to conclusions a bit there.

I had the choice between moving site and taking on the extra hours or being made redundant. I do not get paid for the extra hours as my rate was changed to make sure I was still paid the same. However my holiday pay is now at the new rate which means i get less than i did before.

[Jasandjules]

Fergie87 said:

Jumped to conclusions a bit there.

I had the choice between moving site and taking on the extra hours or being made redundant. I do not get paid for the extra hours as my rate was changed to make sure I was still paid the same. However my holiday pay is now at the new rate which means i get less than i did before.

Sorry, I might be being a bit thick here.

You get a wage, that is a daily rate, regardless of the hours you work? Or is it an hourly rate? Does your contract now state you work 60 hours a week, or does it still state 42?

[Jasandjules]

Why has this been moved here? It's more a legal question to my mind.

[SteveS Cup]

Jasandjules said:

Why has this been moved here? It's more a legal question to my mind.

Definitely a Jobs and Employment matter imo.

[Countdown]

Fergie87 said:

I have been working for the same company for 3 years and I originally signed a contract for 42 hours. However when I moved site 2 years ago I began doing 60hrs monday-friday which is not overtime. Now when I take holiday I am still only being paid for 42hrs, which consqequently means a loss of earnings.
My question is can I formally request for this to be changed and to be paid the full 60hrs whilst taking holiday?

Thanks
Fergie

Doesn't 60 hours exceed the Working Time regs? Did you sign to confirm you were happy to work more than 48 hours per week?

Do you have a contract of employment?
How many hours does it say you have to work?

[SteveS Cup]

Fergie87 said:

Jumped to conclusions a bit there.

I had the choice between moving site and taking on the extra hours or being made redundant. I do not get paid for the extra hours as my rate was changed to make sure I was still paid the same. However my holiday pay is now at the new rate which means i get less than i did before.

This doesn't make sense buddy.

Let's say you were contracted to work 42 hours at £10 per hour so £84 per day.

They changed your rate so you get paid the same even though you're now working 60 hours per week (12 per day) so... £84 / 12 = £7 per hour.

So you've taken a 30% pay cut theoretically.

If you've signed a contract which states your new rate is £7 per hour and that you're only contracted to work 42 hours but extra hours will be paid at the same rate then there is nothing you can do. If you're now contracted to do 60 hours per week then you chould be getting the same rate for holiday pay as you were previously.

Hope that makes sense... this all depends on what it states in your contract / what you agreed when you moved.

[SteveS Cup]

doogz said:

If I jumped to a conclusion, it's only because you never supplied enough info.

So when you moved site, you took a 43% hit? fk. That.

Anyway, are you still contracted for 42 hours? Or are you contracted for 60 hours?

Surely when you took this pay cut, you must have been given a new contract?

43% hit? Am I being thick or is it 30%?

[SteveS Cup]

doogz said:

Depends.

42 hours is 43% less hours than 60. (60/42)

42 is 70% of 60.

Either way, it's a bum deal.

Ah I see... I guess you're right then, it is a 43% hit. Ouch!

[matchmaker]

doogz said:

You're lucky you get paid to be on holiday at all.

Why?

[matchmaker]

doogz said:

matchmaker said:

doogz said:

You're lucky you get paid to be on holiday at all.

Why?

Not everyone does.

I know that - but the vast majority of employees do get paid holidays.

[Kevin VRs]

A few questions:

1) What does your contract say regarding hours and rate of pay?

2) 60 hours is in excess of the maximum permitted under the legislation, to opt out of this you must sign an opt out (can be in contract), however, it also brings responsibilities to the employer. Do you fill in timesheets/swipe in and out/have your time recorded in some way? If not, you employers are in breach and you may possibly use this as some sort of leverage

3) Have you started looking for another job yet?

[singlecoil]

Fergie87 said:

I have been working for the same company for 3 years and I originally signed a contract for 42 hours. However when I moved site 2 years ago I began doing 60hrs monday-friday which is not overtime. Now when I take holiday I am still only being paid for 42hrs, which consqequently means a loss of earnings.
My question is can I formally request for this to be changed and to be paid the full 60hrs whilst taking holiday?

Thanks
Fergie

You can request anything you like, the real question is whether or not the employers are obliged to pay the full 60 hours. And the answer is, if you are a normal, hourly paid employee and you normally work a 60 hour weeek, then after the qualifying period you have the same holday entitlement as any other employee, which is, IIRC, 4 weeks at your normal weekly wage.

[Fergie87]

singlecoil said:

You can request anything you like, the real question is whether or not the employers are obliged to pay the full 60 hours. And the answer is, if you are a normal, hourly paid employee and you normally work a 60 hour weeek, then after the qualifying period you have the same holday entitlement as any other employee, which is, IIRC, 4 weeks at your normal weekly wage.

What is the qualifying period and how long is it?

[Fergie87]

I opted out of the working time in the original contract and have not signed another contract since. I just moved within the company with no change in job description or anything. I am paid an hourly rate if that makes any difference.

I know it seems stupid to take that kind of cut but at the time I had just bought a house an spent my savings renovating it. I felt I had no other choice as I didnt want to lose the house, plus any job is better than no job.

[Fergie87]

doogz said:

But the hourly rate you are paid is not the hourly rate stated in your contract?

My contract states the old rate its never been changed.

[Fergie87]

doogz said:

Fergie87 said:

doogz said:

But the hourly rate you are paid is not the hourly rate stated in your contract?

My contract states the old rate its never been changed.

So why are you only earning 70% of that. They verbally told you they were going to pay you a stload less, no new contract, and you just agreed?

Sounds like they're taking the piss out of you tbh. You need to speak to HR, see what they have to say for themselves.

They came to me and said they were closing this site in a few months but they had a vacancy at a diferent site doing pretty much the same tasks but longer hours for the same money. I just took it because of the circumstances but I think now I will have to go and say something about it.

[SteveS Cup]

I think they owe you a lot of money if what you're saying is true! (that's if you want to leave them!)

[Fergie87]

I am definately going to do something about it. Should I get legal advice first or just take my concerns to the site manager?

[don4l]

Fergie87 said:

I am definately going to do something about it. Should I get legal advice first or just take my concerns to the site manager?

Don't talk to the site manager yet. PH can be quite good at this sort of thing, and you have nothing to lose by waiting a few days.

I don't think that you would have needed a new contract for the pay cut. What did you receive in writing when you were offered the new position?

Are you contracted to do a 42 hour week with a compulsory extra 18 hours at the normal rate?

Whatever the situation, I really think that you should be looking for another job.

Don
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