Shift work & Holidays
Author
Discussion

LeeThr

Original Poster:

3,122 posts

200 months

Monday 4th August 2014
quotequote all
Time to pick some peoples brains... Right i work in a co op and currently have a a 16 hour contract. This entitles me to 4 weeks of 16 hours paid annual leave.

However i do overtime every week anywhere in the region of 27-39 hours. So if i were to take a weeks holiday i would effectively loose half a weeks wage for each holiday week i take. So as such i really cant afford to take my holidays and last year just didn't take any at all. But this means im loosing 4 weeks holiday pay.

Is there anything i can do about this? Or is it just a case of either take the holidays and put up with the lost overtime or keep working and not take the holidays.

condor

8,837 posts

277 months

Monday 4th August 2014
quotequote all
Have a chat to HR or your line manager.

I worked in retail nearly 5 years ago. Sales assistants on 6 hour contracts,who did lots of overtime on a regular basis, had their holiday pay paid with that taken into account. As an example, instead of minimum wage of approx £6 they'd get approx £12/hr as holiday pay.

TheInternet

5,230 posts

192 months

Monday 4th August 2014
quotequote all
It depends on your normal working hours, but can you not take your annual leave over two days in a week and work the rest as overtime?

LeeThr

Original Poster:

3,122 posts

200 months

Monday 4th August 2014
quotequote all
TheInternet said:
It depends on your normal working hours, but can you not take your annual leave over two days in a week and work the rest as overtime?
Unfortunately no :/ if i take any sort of holiday ie annual leave time in lieu etc i can only work up to my contract otherwise i don't get those entitlements its a pretty bad system from my point of view, great for the company as always.

Cyberprog

2,324 posts

212 months

Tuesday 5th August 2014
quotequote all
A quick google showed this up: http://www.acas.org.uk/index.aspx?articleid=4520

But the expert round here is Mr BreadVan72, if he hasn't got fed up of this place yet wink

R1 Indy

4,507 posts

212 months

Wednesday 6th August 2014
quotequote all
Can you not work whilst on holiday?.

When I worked for Tesco years ago, I went years, without taking a actual holiday.
I would take a holiday, then cover my own shifts as overtime.

Not 100% sure of the legal aspect! but my manager was fine with it.

W124Bob

1,863 posts

204 months

Wednesday 6th August 2014
quotequote all
It doesn't matter how much overtime you do (you're choice) the contract is the 16 hour figure. I've worked shifts including Sundays as ovetime but part of a roster for over 35 years and its your base hours that is the important figure. I'm not even entitled to work a Sunday if it falls in the middle of my 2weeks rostered leave because that is regarded as block leave. I doubt if any company small or large factors OT into annual leave entitlement.

Mr SFJ

4,089 posts

151 months

Thursday 7th August 2014
quotequote all
When I used to work in PC World I was on a 16hr contract, but usually worked 25-30.

Whenever I booked holiday I spoke to my manager prior to booking to make sure this was set out as whatever the average of that month, usually 27/28 hour week. Once the manager forgot to tell HR to do this and I was only paid for a week, however I got an extra week in Lieu which I just asked for the moneys.

Asking is your friend.

anonymous-user

83 months

Thursday 7th August 2014
quotequote all
Cyberprog said:
A quick google showed this up: http://www.acas.org.uk/index.aspx?articleid=4520

But the expert round here is Mr BreadVan72, if he hasn't got fed up of this place yet wink
There are 2 joined appeals to EAT currently being heard on this matter, it's possible given the overall cost that the decisions may be referred to the ECJ (Fulton v Bear Scotland Ltd and Neal v Freightliner Ltd). Given these 2 EAT cases a number of other ET case are being held pending the decision.

So it's a bit of a watch this space situation currently. The 2 appeals were found in favour of the employee at the original ET.

zeduffman

4,314 posts

180 months

Thursday 7th August 2014
quotequote all
I think this is something you have to accept large retailers can exploit. They would much rather offer part-time jobs for flexibility and constantly pay overtime, for which they don't have to cover when you take leave.

When I worked for Sainsburys, my boss did let me effectively cover my own shifts (although against company policy I believe), however YMMV and your manager could say you can't be paid twice for the same work/it's fraud/etc - and going by what you said about taking leave for some of the week and working overtime the rest, it's probably going to be a no.

You just have to ask and see what you can get. I wouldn't hold your breath though.