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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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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: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 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

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