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holiday entitlement

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elsa | 19:28 Tue 04th Dec 2007 | Law
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I work a shift pattern which works on a 5 week rotation. I used to work 8hr shifts with a 24 min unpaid break. My shifts then got changed to a 9 hr shift with a 35min unpaid break, when this happened I got extra days off to compensate. On average I work 37 hours a week. Some weeks I work 5 days, others 4 days.
My contracted holidays are 22days (based on 5day week)plus bank holidays.
When my shift was changed they started calculating my holidays in hours. They said because we still worked on average 37hrs per week over the 5 weeks they would work our holidays in hours out using 22x 7.4 (old shift length). This equals 162.8hrs. This means we only get 19days holiday based on our 8.20hrs working day. They say because we still get the same amount of hours off everyone else this is right. I don't think it is. If my contract says days shouldnt I get 22days?
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Your company is correct to calculate your leave like this. Because you work a variable shift arrangement involving longer shifts than the average 7.4 hours, you get more days off than someone working 37 hours a week Monday to Friday. For example, say you wanted a long weekend - Fri, Sat, Sun, Mon but you were only rostered to work the Friday in line with your shift pattern. You would only have to take one day's leave. Someone working Monday - Friday would have to take two day's leave for the same amount of time off. To calculate leave in hours is the fairest way if different people are working days that vary in length.
Yes it is right and I've had exactly the same discussions with staff who don't understand it. It is the only way to calculate it when the shift lengths vary from week to week.

On the plus side, it enables you get a longer time off work without using as much of your holiday entitlement, if you time the start and finish of the break to your advantage.

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