How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46741
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I work in a little social club.My contract says im full time

Resolved Question:

I work in a little social club.My contract says im full time and work varies shifts average hrs 35.Sometimes the committee do shifts and also cause of this i lose shifts and they use my holiday allowence to make up for these shifts which i dont think is right.They say on my contract that im only entitled to 20 holiday shifts .Some of my shifts are only 3.5 hrs long.Example of working week.mon 11-3.30-6.30-11.30.tues same as monday.Weds 6.30-11.30.Fri 6.30-11.30 sat 6.30-11-30.Shifts do vary weekly.Please could you help me as i dont think im being treated fairly.Direct gov says i should get 28 days holiday but they will not give this to me.Also my contract says i should get paid or a day in lieu for bank hloidays or christmas but yet again i dont get.Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer: I started in August 2008 and left fir 7 months .Returned back and signed a contract in feb 2013.
Customer: Hope that helps.Thank you.
Ben Jones :

Hi, sorry I was offline by the time you had replied. The part for the holiday allowance – you are entitled to a minimum of 28 days holiday a year if you are a full time worker who works 5 days a week. As a shift worker you may not nece3ssarily be able to do that and you could sometimes still work the same hours as a 5-day worker but over fewer days. When your shift pattern is not fixed and variable then there are more complex ways to calculate your allowance and most of the time it would only accrue on an ongoing basis, depending on how many hours you have worked in the current leave year by the date you are trying to get leave.


 


You can use this holiday calculator to work your holiday allowance out:


 


https://www.gov.uk/calculate-your-holiday-entitlement/y


 


It is also important to note that the 28 days for full time workers can also include bank holidays so the same could happen to you.


 


The employer is also able to force you to take some or all of your holiday allowance at specific times they choose, the law allows them to do so – they must give you a minimum notice period though and to be legally effective it must be at least twice as long as the holiday time to be worked (so for example a day’s holiday should require 2 days’ notice).


 


Finally the days’ lieu on BHs and Christmas – it would be a breach of contract if the employer does not pay these as this is what the contract provides for. You may pursue payment for these days from the employer, if necessary the courts can be used to seek payment if none is forthcoming.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Hi sorry your reply helps thank you.So have they the right to only allow me 20 holiday shifts we are up in arms about this .In my original question I mentioned that I only do 3.5 hr shifts some days.Surely that does count as a days holiday.If it easier I can send you a copy of my contract.Thank you.
Ben Jones :

Whether you only get 20 days depends on how many hours you have actually worked for the full year. If you have worked the full time equivalent then they can offer you 20 days but they must also include the bank holidays, or pay you in lieu, and that would increase it to 28 days. You may do 3.5h shifts sometimes but that would not count as a day's holiday, for example when you are supposed to work an 8h day shift. Hence if you are working variable hours the calculation would be based on the actual hours worked, the leave accrued n hours and taken in hours

Ben Jones :

Hope this clarifies matters for you?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46741
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice