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How many hours does she work in total per week? Also, is she paid weekly or monthly? With regards ***** ***** schedule, does she still get to work her contracted hours even though it might be changed a week ahead?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. The law on holiday pay calculations is still in conflict because whilst there have been some cases which have stated overtime pay must be included in the calculation of such pay, this has not been formally incorporated in law and it is just down to interpreting case law to determine what to do. So the safest option is to include the overtime days as part of the calculation when determining this person’s average weekly pay when paying them their annual leave allowance.
In terms of the changes to the rota there is certainly nothing in law which states that once a rota is published it cannot be changed or that there is a minimum period within which it must be changed. This is for you to decide, although to safeguard your position you should have this right included in her contract of employment, basically a clause clarifying in what circumstances changes can be made and at what notice. The law would only expect you to give reasonable notice so notice the week before is unlikely to be considered that unreasonable, I would say changes on the day or a day or two before may be unreasonable.
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