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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an annualized hours contract hours per week with

Resolved Question:

I have an annualized hours contract for 24 hours per week with the NHS, as I have used all the hours by January I have been claiming approx 35 hours extra on my wage and feel that this should incur some extra holiday entitlement or the 12.4% payment that is made on bank work. But they are saying that I am not entitle to it.
I think that they are confusing my hours with full time hours
Thanks Dawn Lowery
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello are you saying that the 24 hour entitlement had finished in Jan and since then you have been working additional hours, over and above your annualised hours, but getting no additional holidays for them?
Customer: replied 1 year ago.
I had used up the amount by January so I have continued to be paid the 24 per week until the new financial year but with an extra 35 hours paid per month on top
Customer: replied 1 year ago.
ps when I have asked for holiday entitlement on these appro extra 100 hours I have been told there is none
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
The law is that you would normally be paid for the contracted hours you work, in your case 24 per week, and any additional hours can only be included in calculations if they are overtime which is both guaranteed and compulsory (so that even if the worker is not called on to work it, the employer is liable to pay them for it). Overtime that is regularly worked but is not guaranteed (that is, the employer is not contractually obliged to provide it) is excluded from the calculation of a week's pay. So if you are guaranteed these hours and are working them consistently on top of your normal contracted hours you can expect to have these included in your holiday calculations. This is your basic legal position. I have more detailed advice for you in terms of the options you have to pursue this if the employer does not accept your position, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. Initially you need to pursue this through a formal grievance in your workplace by following the employer’s own grievance policy. If the grievance s rejected and you appeal and that is also unsuccessful, your only option is to make a claim in tribunal for the unpaid holidays. Non-payment of accrued holidays amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested you can go to the Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made (or payment was due). To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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