Comments on: Working Hours, Rest Breaks and Holiday Entitlements – Working Time Directive – and Bank Holidays

By: Advice welcome - Page 2

Advice welcome - Page 2 — Tue, 09 Aug 2011 21:29:45 +0000

[...] may clarifythings for you m8 Working Hours, Rest Breaks and Holiday Entitlements – Working Time Directive – and Bank Holidays – G… Paid Holidays Under the Working Time Directive Legislation: The Working Time Regulations also [...]

By: Grant Hyatt

Grant Hyatt — Tue, 04 Jan 2011 11:13:12 +0000

My partner works in a care home on a 4 on 4 off rotation. They have changed her shift pattern so that she will now be working 3pm til 10pm with a shift the following day of 8am to 3pm. I understand that the “rest breaks” has exceptions for places that need to be manned 24 hours a day. Should she be allowed to work this new pattern ?

By: Lisa

Lisa — Mon, 03 Jan 2011 16:06:25 +0000

I freelance in broadcast/production industry for 2 different companies. One company pays me holiday pay of 1 shift for every 11 shifts I work. Am I entitled to holiday pay from the other company? I have no written contracts with either and work on an adhoc basis when they need me. I’ve been working for both companies for over 2 years.

By: caroline

caroline — Tue, 28 Dec 2010 20:54:39 +0000

Hello,

I work in retail and the working hours can range from 8am-10pm when the shop is open. I recently worked an unusual shift of 6pm-3am because we were preparing the shop for sale. Some friends have now told me that anything past 11pm counts as working unsociable hours and I am legally entitled to extra pay for this. Is this true? I am from Northern Ireland so I am not sure if this applies to me! Thank you.

By: Peter Langton

Peter Langton — Mon, 20 Dec 2010 10:54:47 +0000

Hello, I have been off sick from work for eight weeks now . I get twenty days holiday a year give of which has to be taken at Xmas, should they pay me a normal weeks wage for this and am I entitled to being paid for the bank holidays over Xmas too, our md is pressurising me to take next years holidays now so I get paid in fill but have no holidays for next year,

By: Elde16f

Elde16f — Wed, 15 Dec 2010 01:14:00 +0000

Hi,

You've probably already answered this question before, but here goes.

I work 12hour nights on a "4 on 4 off" rota system. (6pm - 6am). I am rota'd on for Sunday 2/01/2011 but not for the (Substitute) Bank Holiday on the Monday. My contract states that as a night worker we "do not work into a Bank Holiday but we do work out of them". My question is, can my employer make me work on the Sunday or not?

By: Sparky16yrs

Sparky16yrs — Mon, 13 Dec 2010 22:37:00 +0000

Hi! I am contracted to work Monday to Friday, 4 hours a day = 20 per week What is my holiday entitlement?! Everywhere I look it says if you work 5 days a week, you're entitled to 28 days including bank holidays and for part time it's different!!! I'm so confused because I do work 5 days a week, but not full days?

Can you help please? Thanks Sparky16yrs

By: NB

NB — Mon, 13 Dec 2010 00:00:00 +0000

I work nights in a clerical role for the nhs. I get an enhancement to my wage for working unsocial hours, and up until two months ago i received this when off sick or on annual leave. In the Agenda For Change faq it states ‘Your pay will be calculated on the basis of what you would have received had you been at work.’ .. Why they have stopped paying this i am struggling to understand but it is connected with the WTD. It sounds suspect to me, as all i know is that i am being penalised for taking annual leave now. Can they do this ?

By: Lesley Furber

Lesley Furber — Fri, 10 Dec 2010 15:22:00 +0000

hi Karen, I’m going to need more information from you – when you say they are being paid WTD what exactly does this mean? for untaken holidays, or for compensatory rest because daily rest breaks have been breached, or for weekly rest breaks? I’d also need to have an idea of your shift patterns so I understand what is exactly happening. If you can e-mail me at workline@freelanceadvisor.co.uk I can help more. Regards, Lesley, Workline.

By: Lesley Furber

Lesley Furber — Fri, 10 Dec 2010 15:13:00 +0000

hi, I’m going to reply to you from e-mail as I have some questions to ask you. Regards, Lesley, Workline.

By: Karen hebborn

Karen hebborn — Fri, 10 Dec 2010 15:07:00 +0000

Hi some of my nursing colleagues are getting working time directive paid in their wages for working unsocial hours. I also work unsocial hours why do i not get paid WTD Thanks Karen

By: Docker

Docker — Thu, 09 Dec 2010 15:09:00 +0000

My employment contract allows me 20 days holiday a year plus eight bank holidays although I may be asked to work on the bank holiday compensated with a day in lieu. My weekly rest days vary based on my works rota. When my weekly rest day falls on a bank holiday my employer's position is that I have used one of my 8 days bank holiday even though I wasn't rostered to work (Effectively my weekend).

Normally in the UK when a Bank Holiday falls on a weekend / non working day a compensatory is allowed. UK Part time workers are allowed a pro rata allowance for Bank Holidays on days that they aren't contracted to work. So is my employer right in taking a day off me?

Incidentally if I need to take a bank holiday off for a' family get together' then I am asked to give up 2 of my 28 days! Am I being misled?

By: Lesley Furber

Lesley Furber — Mon, 06 Dec 2010 13:57:00 +0000

hi Charlie, the same reply as to Sambamjam below. You need a 11 hour rest between shifts but if you don’t get it this can be given back to you at a later point with ‘compensatory rest’. It would all depend on what your overall shift pattern is. If you want to send me more details at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

By: Lesley Furber

Lesley Furber — Mon, 06 Dec 2010 13:54:00 +0000

hi, there has been no change in the law you still need a 11 hour break between shifts. But if you do not get this you are entitled to ‘compensatory rest’ for the hours rest you have not received. Without knowing your normal weekly shift pattern (as this may be ok over a longer period if ‘compensatory rest’ is included through the shift patten) I can’t help any more, do you want to send me more information on workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

By: Lesley Furber

Lesley Furber — Mon, 06 Dec 2010 13:52:00 +0000

hi Karl, you can work out your entitlement on the Business Link’s Calculator – here – http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1079427399&r.l2=1073858926&r.s=tl Regards, Lesley, Workline

By: Lesley Furber

Lesley Furber — Mon, 06 Dec 2010 13:50:00 +0000

Hi Lisa, I gave the answer to this to someone called Ryan below (re you working more hours than you are contracted for and only getting holiday for your contracted hours). It won’t be a case that after a few weeks this will become contractual, it would take longer than that. Do you have any idea for how long this will continue for ? Let me know at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

By: lisa

lisa — Mon, 06 Dec 2010 11:47:00 +0000

my contract is 24 hours but for for the last 15 weeks i have worked 30 hours or more , now on holiday my employer wants to pay me 24 hours holiday pay can they do this and after how many weeks does this become a contractual change

By: Charliejamesking

Charliejamesking — Mon, 06 Dec 2010 00:13:00 +0000

Hi, I work in a hotel. Is it Illegal for my employers to set my shifts as a 5 until finish (around Midnight) and then be back in at 6.45 AM or 9.00 AM ?

By: Are Employers obliged to pay Employees who cannot get into work because of severe weather conditions? | Welcome to The HR Kiosk -

Sat, 04 Dec 2010 18:12:18 +0000

[...] If none of these options are viable then Employers should advise the employees whether their time off work in these circumstances will be paid or unpaid or whether they can request to take the time off as paid annual leave. (However, you cannot insist that employees take annual leave without notice – see the information on notice periods here). [...]

By: karl

karl — Fri, 03 Dec 2010 17:05:00 +0000

i have worked for my employer for 6 weeks how many days holiday am i entitled to