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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 11
Experience:  Moderator
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If my employment contract says "4.4 working weeks of your normal

Customer Question

if my employment contract says "4.4 working weeks of your normal working pattern a year plus bank and public holidays" and i work 7 nights on 7 nights off covering 91 hours in 1 weeks, then i assume i get 4.4 weeks off ? my employer is saying i am only entiled to 3.2 weeks annual leave which is probably correct but it isnt what my contract says.
thanks
jo
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello why do they they think you only get 3.2 weeks have they explained that?
Customer: replied 8 months ago.
hi
because they have worked it out using some official website. the response i got from my employer wasthe current working pattern is one week of 87.5 hours and one no working hours giving an average weekly hours of 43.75. the second rest week is still classed as a working week
under your contract you get 24 days holiday per year, because the bank holiday may fall on a rest week this is already calculated in their total holiday requirement to ensure you do not loose out.
if someone has an entitlement to 24 days holiday this equates to 4.8 weeks per annum.
so this year your entitlement has increased to 4.8 weeks(which is the same for all employees who are entitled to 24 days holiday per year) x by 43.75 hours (which is your average weekly hours) = 210 hours per annum
bank holiday equate to 1.6 weeks so 1.6 x 43.75 = 70 hours per annum
so grand total holiday entitlement for someone working average of 43.75 hours per week = 280 hours per year. this is the same reguardless of the shift pattern.which i understand but it is to me not what my contract states,
Customer: replied 8 months ago.
also my argument to my employer was as a day nurse you never had to use your sat/sundays as part of your annual leave so I didnt understand why we had to count our rest week as annual leave, the rest week is a must if not we exceed the working hours allowed to work during nights.
Expert:  Ben Jones replied 8 months ago.
ok let me look into this, I will reply this eve thanks
Expert:  Ben Jones replied 8 months ago.
I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you
Expert:  Nicola-mod replied 8 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 8 months ago.
hello
yes please continue the search.thanks
jo
Expert:  Nicola-mod replied 8 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 8 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 8 months ago.
Continue the search please
Expert:  Nicola-mod replied 8 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 8 months ago.
thanks much appreciated
Expert:  Nicola-mod replied 8 months ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 8 months ago.
Yes I would really like this question answered , can you try again ?
Expert:  Nicola-mod replied 8 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 7 months ago.
Thanks be greatly appreciated
Expert:  Nicola-mod replied 7 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 7 months ago.
Hi any news on a answer ?
Thanks
Expert:  Nicola-mod replied 7 months ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 7 months ago.
Would like an answer but unsure as to why no one can answer it
Expert:  Nicola-mod replied 7 months ago.
Hello,
I'm afraid I have not had any feedback on this question from Experts so I am at a loss. It could be simply too specialist an area of expertise or it could be that the amount offered is not enough for the work involved, but as I said, I have not any feedback.
Thank you,
Nicola
Customer: replied 7 months ago.
How do I offer more money ?
Expert:  Nicola-mod replied 7 months ago.
Hello,
You would need to log in, go to your profile, and edit the question price.
However I must say that I am not sure that that is the reason, it is just a possibility, and that increasing the offer may not result in an answer. I am very sorry we have not been able to help here.
Thank you,
Nicola
Customer: replied 7 months ago.
Hi see my case has been closed, no sign of anyone wanting to answer my question, what do I do now? Paying a subscription but still no answer .
Expert:  Nicola-mod replied 7 months ago.
Hello,
I am very sorry but I don't think we have anyone who can answer this question; as you are on a membership plan it may be worth re-posting or re-phrasing the question one more time.
I am sorry we could not be of more help on this question.
Thank you,
Nicola

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