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.

[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.

[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?