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Thread: Advice with work.

  
  1. #1
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    Shane 16v's Avatar
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    Advice with work.

    My brother has just got in from work, he's got a problem concerning his holiday entitlement... I know alot about employment law but a straight answer eludes me.

    He started working there on a 6 hour a week contract, that was all they could offer him at the time. He booked all his holiday, as requested, at the start of his employment.

    Since this, due to his hard work and commitment a couple of months ago they increased his contract to 15 hours a week, again the best they can afford. However he's just been informed he can't have the second week of the fortnight he's booked off because they can't pay him 15 hours on each week.. and he could still have it if he's willing to take 6 hours on each of the weeks.

    I feel it's complete rubbish and the manager is trying to save labour cost.

    I'm sure holiday entitlement increases if your contract does, right?

    A link to something verifying this so I can go in and have it out with him tomorrow would be fantastic. I ask 'cus your all bright intelligent individuals.

    Thanks Guys
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    Kev.'s Avatar
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    Really not 100% on this one. Had a lot of bother myself, but nothing in this shape. A union chap is who you need to be speaking to really.


    I would suspect there's nothing that can be done though. Any initial agreements sound like they were only verbal, plus holidays are generally to be taken at the employers discretion. If you've already got them booked, then they have to give you some sort of notice as far as cancellation goes IIRC. What notice that is i don't know.


    Isn't there also something where until you've worked something like 13 weeks, then you don't have much of a leg to stand on?? So couple months would only be 8 week & they could just release him?


    Sorry that i can't really be of any help, but at least i'm stating that i'm really not sure.

    Last thing you want is someone to put their opinion across as a 'fact'. I guess he's not a member of a union?

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    Depends how long he has been doing the 15hours per week as for part time workers you go back to the last 12 weeks of paid employment and sum the total wage divide it by 12 and that is his entitlement for any holiday weeks he takes.

    To work out the full year it would now just be his 15hrs per week multiplied by 5.6 to find his yearly entitlement.

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    His holiday entitlement should be worked out on an average of what he has worked over the past 12 weeks, so if he's worked 15 hours a week for 12 weeks then he is entitled to have both weeks paid at 15 hours a week. He gets 5.6 weeks holiday by law.

    The company can tell him when he is allowed to take the holiday, however it sounds like he has already had his holiday agreed, so they are obliged to pay him for the time that was agreed. If this is the case they agreed to 2 weeks off, not 12 hours.
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    holidays are acrued as a percentage of basic contract hours. He wont have enough paid holiday to take it all but surely they will let him have some time off unpaid.

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    Most companys will let you take holiday if you've not "earnt" it yet, they'll just take it out of your last weeks pay if you leave before you earn it.
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    in todays working environment, if he wants to keep the job I would personally just do as they ask.

    but thats me
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    Quote Originally Posted by angelslain View Post
    however it sounds like he has already had his holiday agreed, so they are obliged to pay him for the time that was agreed.

    From my own bitter personal experience with employers, i have learned that unless an agreement or even a statement has been put down in writing, then the agreement or statement never even existed.

    As a result i'm very cautious now and get important details like this signed for to cover my own arse, as i got sick of employers denying things when it came to the crunch

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    Shane 16v's Avatar
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    No he's not with a Union. Yes, he been working the 15 hours or more a week for longer than 12 weeks and he's been with the company getting on a year.

    Yes, our system does work on an 'hours earned' basis... so this is what's got me thinking he must have earned more than the basic 6 hours a week.

    Quote Originally Posted by MatG View Post
    in todays working environment, if he wants to keep the job I would personally just do as they ask.

    but thats me
    Your right. Employees are ten a penny, but good workers aren't... there are plenty of people out of work but experience has taught me they aren't all the salt of the earth hard working types the papers lead us to believe. Anyway, you can't be sacked for making a stand; that's unfair dismissal.
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