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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work total of 33 hours a week - Mon-Wednesday 9-5 and

Resolved Question:

I work for a total of 33 hours a week - Mon-Wednesday 9-5 and Thurs, Fri 9-1.30. My holiday entitlement is 20 days plus bank holidays, is this correct? Also,if I take a Thursday or Friday off as holiday, should I be deducted half a day or a whole day as I only work for half a day 9-1.30 on those days. I do not have and never have been offered a contract of employment - is this a legal requirement or not?. I have also been advised that if I take up the workplace pension and my employers contribution is higher than 1% I will no longer be given a pay rise - is this correct. Kind regards, ***** *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello I'm Ben and I will gladly try and help you in this matter
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
Do you need my personal email address?
Expert:  Ben Jones replied 1 year ago.
No I don't need your personal email address. It's up to employers if they want to include bank holidays in the statuary holiday pay.
Expert:  Ben Jones replied 1 year ago.
I will review all the information you have given me and I will get back to you as soon as possible. Please do not respond to this message as it will push your question back and cause unnecessary delays. Thankyou
Expert:  Ben Jones replied 1 year ago.
Hello a full time worker doing 5 days a week is entitled to a minimum of 28 days holiday a year. This can include bank holidays. As you get 20 days plus the 8 bank holidays this satisfies the entitlement of 28 days in total. If you work different hours on different days then you can have the holiday entitlement calculated as hours instead of days so for a shorter day you should only get deducted the hours you were supposed to work. As far as a contract is concerned you are entitled to have been issued with a written statement of employment particulars within 2 months of starting. This is not a contract but contains very similar information. Finally there is no legal entitlement to a pay rise so if the employer wants to have a policy where no pay rise is given they can have that.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Customer: replied 1 year ago.
Am I right then in presuming that if I take a Thursday or Friday off which I only work half a day on those days and they are counting this as a full day, I should be entitled to a full days holiday pay?. If this is the case could I ask for back pay for the days that they have taken as full days but only paid me for half the day.
Expert:  Ben Jones replied 1 year ago.
Yes that is correct, they cannot take a full days' holiday off you and only pay you half a day - therefore if you have nt been paid correctly you may indeed ask for back pay to resolve that. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Could you just clarify;
1. - My 33 hours are spread over 5 days - 3 full and 2 half - does this constitute full or part time employment ? and does this affect my statutory holiday entitlement? and if so can my current holiday suddenly be reduced?
2 - If I was to do 4 full days would this change from full/part time or would this make no difference?
Expert:  Ben Jones replied 1 year ago.
Hello, there is no legal definition of what is a part time or what is a full time worker. You may work 5 days a week but still be part time, similarly, you could work 3 days a week and be full; time. Generally anyone working over 35 hours a week is considered full time. Your statutory holiday entitlement depends on the number of days you work or the number of hours – the entitlement is the same and it depends which one would be suited best to the arrangement you work under. If you worked equal hours each day then you can use the day calculation, if your hours differed, then you could use the hours calculation. You can calculate your entitlement here: https://www.gov.uk/calculate-your-holiday-entitlement So changing the number of days could make a difference if you rely on how many days per week you work but as mentioned you could use the hours calculation instead.

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