Employment Lawyers Can Answer Your Employment Law Questions
Hello again, when your employer calculates holiday pay it would only include overtime in the calculations if it is classified as ‘guaranteed’ overtime. In other words if you have no choice but to work it then it should be included, however if it is optional and you choose whether to do it or not, then it would not normally be included in these calculations.
If the breaks are unpaid they cannot be used in the calculation of the holiday pay either – you are not paid for that time and it is not included in the average of your pay, so cannot be used. Had they been paid breaks then it would have been reasonable to expect them to include it.
I Was taking back previous overtime, so was working 5 hrs instead of 8.50 hrs. Now he is taking 5 hrs a day a basis of his calculation of holiday entilitlement.
Can he do it this way?
Can he use the worse calculation to deduce my overtime? I still have some of overtime left to pay, so I need to know how many hours?
Are you contracted to work specific hours?
If I was working 5 hrs he is taking away 30 min break, so he says I worked 4 and a half and he is taking away 3.5 hrs of overtime then
My working hours were between 8.30 17.00
ok if that was the case and you had contracted hours which you worked either on the day or by taking overtime towards them, you should still get paid based on the contracted hours. But the unpaid breaks will be taken away from the calculations - you cannot use time for which you were not paid in order to calculate holiday pay
Sorry he is taking away 4 hrs of overtime
Sto holiday entilitlement should be based on contracted hours then?
yes, unless you obviously did not work them, but in this case you did, although it was at different times
I was paid for 8 hrs. Normally I would be in the office 8.50 hours but I was 5 hrs
I am saying I have used 3 hrs of overtime. He is saing 3.5 hrs. Who is right?
you can expect to be use the contracted hours when calculating holiday pay, even if you offset them with overtime but you cannot expect to use the contracted hours and the overtime on top. As to the overtime worked I can't say who is right - depends on what actually happened, whether any records exist of how many hours you worked and so on
I had a time sheets I have recorded on my arrivals and times of leaving
ok that will help but the employer could say you did not record the hours correctly or accurately so it is really a matter of whose account looks more plausible
In fact he was seeing me each single day. It is an office of 2 people. He doesn't denays me arrivals and leaving times. I said to him he knows that I wasn't a curly taking a break When I was working less than 6 hrs.
He said he just has a right to take them out from my real working time, not from the contracted hours
as mentioned the breaks can be taken off if they were taken, or if the contract said that you must take the unpaid breaks - for example you cannot work through a period of unpaid breaks that you had to take under contract and then expect to be paid - it is your chiuce to work through it and you do so knowing you will not get paid for them
you are welcome as usual