Working hours, rest breaks, holiday entitlements, working time regulations and bank holidays


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THIS POST IS NO LONGER UPDATED – PLEASE GO TO OUR UPDATED GUIDE TO THE WORKING TIME REGULATIONS HERE

If you are a Care Worker please see our new article here about your entitlements under the Working Time Regulations.

Rest Breaks

The Working Time Regulations entitle all (see exceptions below) Workers and Employees to:

  • A minimum Daily Rest period of 11 hours uninterrupted rest between finishing your job and starting the next day (workers aged between 15-18 are entitled to a minimum daily rest break of 12 hours).
  • A Weekly Rest period of 24 hours uninterrupted rest within each seven day period (Young Workers aged 15-18 are entitled to 48 hours); or, at the Employers choice, a Fortnightly Rest Period of 48 consecutive hours within each 14 day period.
  • The weekly rest period should not include any part of the daily rest period.
  • A break of 20 minutes if your daily working day is more than 6 hours long (or 30 minutes if you are aged 15-18 years and you work more than 4.5 hours at a stretch).
  • If you are an Agency Temp then the Employer you are working for (not the Agency who employs you) is responsible for you receiving these minimum rest breaks.
  • The first 2 type of rest period are generally unpaid.  The 20 minute break may be paid or unpaid, depending on what it says in your contract of employment.  For more information on rest breaks please see the Direct Gov website here.

Exceptions

Certain industries and circumstances (including the Film and TV Industry, Press and Radio) are exempt from these rest break provisions and can legitimately ask you to work into your breaks if:

  • You are a shift worker who may not be able to take their daily or weekly rest periods between shifts. Shift Workers are defined as those engaged in activities involving periods of work that are split up over the day and those who work according to a certain shift pattern where workers ‘succeed’ each other at the same work station. The shift period may be continuous or not but will involve the need for workers to work at different times over a given period of days or weeks.
  • There is a genuine need for continuity of production/service around the clock, e.g. hospitals, residential institutions, care workers, press/tv/film/radio, public utilities, industries where machinery must be kept working 24 hours a day, where work cannot be interrupted on technical grounds, research and development activities, agriculture
  • The work is affected by unusual or unforeseeable circumstances beyond anyone’s control, or exceptional events, where work is affected by an accident or risk of an accident.
  • The work has a foreseeable surge in activity i.e. agriculture, tourism, postal services.
  • The work involves security or surveillance that requires a permanent presence.
  • There is a Collective or Work-force Agreement in place that excludes these rest-break obligations – but the worker must have been fully consulted with to ensure these are valid.

In these industries, if you cannot receive your rest breaks you must be offered an equivalent period of compensatory rest wherever possible. This compensatory rest should be given immediately after the end of the work period where possible. If this is not possible for objective reasons, the Employer should give you “such protection as may be appropriate in order to safeguard the workers health and safety”.

The Government Department for Business, Innovation and Skills (previously BERR) has guidance that says a worker, even if they fall into one of these categories, must have a right to a minimum of 90 hours rest per week. Compensatory rest does not necessarily need to come out of time that would otherwise have been working time.

There are different Working Time Regulations rules for workers in air, sea, rail and road transport industries (see our new Guide to Road Transport driving hours regulations here), offshore workers, police and emergency services (see the next section for more details) and domestic servants employed in a private household are generally excluded from all WTD regulations (except daily and weekly rest breaks).

In addition, there is also the principle of Unmeasured Working Time.  This applies to  a worker whose working time is not measured or pre-determined (and where the Worker has control over the number of hours they work) and they are excluded from all rest break provisions and the 48 hour maximum weekly working hours (see next section). This generally applies to Company Directors (and specifically those with autonomous decision taking powers), Managers, Family Workers and Religious Workers.

It may be possible to forego your weekly and daily rest break entitlements if you choose to do so (for e.g. you volunteer for additional shifts), as long as:

  • You do not breach the 48 hour weekly average working limit (unless you Opt Out – see next section)
  • Provided there is no foreseeable risk to your Health and Safety
  • Your Employer has given you the chance of having the rest period but you choose not to
  • You will therefore not be entitled to compensatory rest

Breaches of rest-break provisions are made through a claim to Industrial Tribunal (within 3 months of the breach) – although compensation is usually very limited – or via claims to the Health and Safety Executive.

Working Hours Time Limits

To see our updated advice for 2012 about the Working Time Regulations see our new Guide here.

The legislation states that you cannot work for more than 48 hours per week, which is normally measured over a 17 week ‘reference period’.

However, this ’17 week reference period’ can be amended where:

  • There is a valid collective or workforce agreement in place the reference period can be extended up to a maximum of 52 weeks
  • Workers can have a 26 week reference period if they live far from their workplace (e.g. offshore workers); if they work in security or surveillance that requires a permanent presence; or they do work that involves the need for continuity of service or production e.g. Press/Film/TV, hospital and care workers, farm workers, utility workers, dock and airport workers.

Information you need to know about the weekly working limit

  • If you are on a contract for a fixed period (Fixed Term PAYE or as a Worker), that is under the 17 or 26 week reference period (whichever your employer is using), your ‘reference’ period for calculating your working hours will be the actual length of your contract (see below).
  • This 48 hour per week limit also applies if you have more than one job, i.e. the total amount of combined working hours you do should not exceed 48 per week.  If it does, each Employer should ask you to sign an Opt-Out (see below).
  • If you are an Agency Temp then the Employer you are working for (not the Agency that employs you) is responsible for ensuring you do not work more than 48 hours per week.  See our new Guide to the Agency Workers Regulations which come into effect on 1st October 2011 and give ‘agency workers’ the right to equal treatment with permanent employees.
  • Young Workers (those under 18 but over school leaving age) cannot normally work more than 8 hours per day (40 hours per week) and they cannot Opt-Out (see below) of these limits or have their hours averaged out.
  • The ‘reference’ period takes into account any statutory holidays, sick leave, maternity/paternity/adoption/parental leave and if any Opt-Out’s (see below) where in place.  The reference period is extended by the number of days on any of the above.

Opt Outs

  • In the Film and TV industry and in many other industries Workers can be asked, by their Employers, to voluntarily sign an Opt-Out of this 48 hour limit (which is legally valid) – i.e. you agree that you can work for more than 48 hours per week. The Opt-Out is not a condition of your employment and it must remain optional and voluntary. Therefore even if you have signed your contract with an Opt Out in place you have the legal right to opt back in to the 48 hour limit at a later date – you have to give your employer a minimum of 7 days written notice by law to do this (check your contract in case it requires a longer time scale to Opt back in, as this is allowed).
  • Young workers cannot Opt Out.
  • You should not be subjected to any detriment by refusing or proposing to refuse to sign an Opt-Out agreement. If you are an employee and are dismissed because you refuse to sign an Opt-Out clause then this could be seen as automatically unfair dismissal and you could potentially make a claim to an Employment Tribunal.
  • In April 2009 the UK won its right to retain the Opt Out – the European Parliament had proposed to remove the Opt Out provision within 3 years – so for now the Opt Out remains legal and valid.
  • The number of hours you work per week can be averaged by your employer over the applicable 17/26 week reference period (or your contract length), rather than measured in one week, and the first 20 days holiday you are legally entitled to (see below) cannot be used to reduce your average number of hours worked. However with the Daily and Weekly Rest breaks and the Opt Out above included, the maximum in any week you should work is 78 hours.  See the information in our New Guide to the Working Time Regulations about what a ‘working week’ means.

Breaches of the 48 hour limit are dealt with by the Health and Safety Executive (i.e. a prosecution and/or a fine for your Employer, but not compensation for the worker).

To see our updated advice for 2011 about the Working Time Regulations with reference to how the Working Week is calculated and with information about Night Working see our new Guide here.

Paid Holidays Under the Working Time Regulations Legislation

The Working Time Regulations also entitle all Workers and Employees to a legal minimum of 28 days paid leave each year (5.6 weeks – pro rata’d if you are part-time).

Things you need to know:

  • Your Employer has no legal obligation to ensure you have taken your statutory holiday entitlement, although they can service you a notice to require you to take holiday on specified dates.
  • You start building up your holiday entitlement as soon as you start work.
  • You need to tell your employer when you want your leave but they can control when you take it (i.e. agree or disagree to the dates you want).
  • Your Employer should specify the notice periods they require you to give, before you take leave, in writing.  If this is not specified you must give at least twice the length of the intended leave period you wish to take – e.g. you give 2 days notice to take 1 days leave.  Your Employer should reply (agree or disagree) within the same length of time as your intended leave – e.g. you want 1 days leave, give them 2 days notice and they should reply within 1 day.
  • Your Employer may restrict you taking leave through the following – by your employment contract, via custom or practice or by negotiations with a Trade Union or Employee Representative.  They can restrict your leave because: they shut down at certain times; they can specify when you may or may not take your leave; they may cap the amount of leave that you can take at any one time.  If such arrangements don’t already exist then your Employer must give you notice to require you to take your leave – of twice the length of the leave period they require you to take, e.g. they need to give you 2 weeks notice to require you to take 1 weeks leave.
  • Holiday entitlement cannot be counted as weekly rest days, it is completely separate.
  • If you are an Agency Temp then the Agency that employs you (not the Employer you are working for) is responsible for ensuring you receive your statutory minimum holiday entitlement.  See our new Guide to the Agency Workers Regulations which come into effect on 1st October 2011 and give ‘agency workers’ the right to equal treatment with permanent employees.
  • You should get paid for untaken holiday if you leave your Employer (but you have no legal entitlement to be paid if you cannot or choose not to take them all – unless you have been off sick, see below).  For each week of holiday that you are owed you are entitled to a week’s pay – see our new Guide to the Working Time Regulations for details of what a week’s pay means.
  • Bank and Public holidays can be included in these 28 days; at the moment there is no statutory right to take bank holidays off. Therefore if you take a day off as paid leave on a bank holiday it may count as one of your annual leave days under WTD legislation – depending on what your employment contract says. (For more information on Bank Holidays see below).
  • Your employer may give you more leave than 28 days as part of your contract.
  • There is no legal obligation that the first 20 days holiday entitlement, if unused, should be carried forward into the next leave year, unless you have been off sick (see below). The additional 8 days holiday entitlement can be carried over into the next holiday leave year, if unused, with your Employers agreement. Your Employer may choose to allow more than 8 days to be carried over though.
  • The Government increased the minimum statutory holiday entitlement to 24 days per year from 1st October 2007, and to 28 days per year from 1st April 2009 for those working 5 days per week.

Freelancers in the TV and Film Industry are often classed as Workers for the purposes of WTD so are eligible for this holiday. However, often the holiday cannot be taken during the contract period and may be included in your weekly/daily rate (called ‘rolled-up’ holiday pay).

This practice was ruled unlawful by the European Court of Justice in March 2006, and the Department of Trade and Industries guidance has been amended to reflect this judgement, saying that payment for the statutory annual leave should be made at the time when the leave is taken. This decision may, however, still be subject to case law if it is referred back to the Court of Appeal/Employment Tribunal.

Calculate Holiday Entitlement

The simplest way to calculate your holiday entitlement is to multiply the number of days you work each week by 5.6.  If you work part-time, irregular or freelance hours you can calculate your entitlement on this Direct Gov page.  The holiday entitlement of 5.6 weeks is equivalent to 12.07 % of the hours worked over a year.

Calculating leave for shift workers – it’s often easier to work this out by the number of shifts they get off – e.g. if you work 4 x 12 hour shifts on and then have 4 days off, the average working week is 3.5 x 12 hour shifts (this is calculated by the number of shifts worked (4) divided by the total number of days in the shift pattern (8) x 7 days – so 4 divided 8 x 7 = 3.5).  So, 5.6 weeks holiday is 5.6 x 3.5 = 19. x6 12 hour shifts holiday entitlement.

Please note that the statutory paid holiday entitlement is capped at 28 days.  So, if you work 6 days a week, you are not entitled to more than 28 days holiday under statutory entitlement (your Employer may give you more) – e.g. 5.6 x 5 days per week = 28 days but 5.6 x 6 days per week = 33.6 days.

Holiday entitlement during sick leave and sick leave during holidays!

Finally in 2012 we are getting closer to some clarity on what happens in these situations – see our August 2012 Guide to holiday entitlement and sick leave here for full details.

Bank Holidays

To see our updated advice for 2011 about the Working Time Regulations  see our new Guide here.

To see our Guide to the extra Royal Bank Holiday and how this affects Working Time Directive holiday entitlement click here.

There are 8 permanent Bank Holidays in the England and Wales (and 9 in Scotland and 10 in Northern Ireland). However:

  • There is no statutory right for Employees to have paid leave on bank holidays (but your employment contract may allow this).
  • There is no statutory right to extra pay if you work on a bank holiday. Any right to extra pay depends on the terms of your employment contract.
  • Part-time employees should receive a pro-rata’d allowance of paid bank holidays to ensure they are dealt with fairly – even if they do not normally work on the days the bank holidays fall.
  • Where a bank holiday is alligned to a Christian festival (i.e. Easter) there is no requirement to allow additional time off on other dates for employees who practice other religions.
  • The statutory holiday entitlement of 28 days MAY include bank holidays (or your Employer may give you some or all of the bank holiday days in addition to the 28 days).
  • If you are on Statutory Parental Leave, Statutory Paternity Leave, Statutory Maternity Leave or Statutory Adoption Leave during a bank holiday are you entitled to a compensatory day off (or pay in lieu).  This depends – if you receive the minimum holiday entitlement of 28 days per year which includes bank holidays then any bank holiday that falls during your parental leave would entitle you to receive a day off in lieu for this bank holiday.  However, if you receive paid time off for bank holidays on top of the statutory minimum 28 days then your right to a compensatory day off or pay in lieu will depend on what your employment contract (or any holiday policy) says.

The Direct Gov sites information on rest breaks and holidays is here

If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to us at The HR Kiosk – a Human Resources Consultancy for small businesses – you can retain us for as much time as you need.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.

Photo by Alexandre Duret-Lutz

  • Name

    are breaks paid for if you work a 10 hour day if so what is the entitlement?

    • http://Workline.org.uk Lesley Furber

      hi, breaks needed under the Working Time Directive don’t have to be paid – you need to check what your contract says.

  • Tony Newman

    I am an agency worker in a clinical role to the NHS. My placement at an NHS trust might be for weeks, months or a year+. I am paid weekly, on a standard hourly rate, which is enhance if working over 40hrs p/w or weekend working.

    I am unpaid if absent form work due to holiday or sickness.

    I am currently paid as PAYE, through an “Umbrella Company” in order to offset travel expenses against tax. I have recently learnt that in addition to their standard fee to the employing Trust, my agency charge another fee based on my hours worked, apparently for something connected to the Work Time Directive ruling on Holiday Pay.

    Neither my Agency or the Umbrella Company provide holiday pay. Although it appears on statements from my Umbrella company, they insist the amount is show purely because they have a requirement to do so and that holiday pay is included in my hourly rate.

    Does this sound normal practice, or might I be getting conned out of some hard earned sunbathing in the Tropics ?

    • http://Workline.org.uk Lesley Furber

      hi Tony, I’m going to e-mail you about your query as I have some questions I need to ask you. Regards, Lesley Furber

  • milliemolliemandy

    I have been getting from my employer minimum holday entitlements. But been paid time and half for bank holidays. now we are being told that bank holidays will be included in our holiday entitlements.
    So if we work on a bank holiday at time & half. then we lose 6 hrs annual leave. or we can work at normal rate and retain our annual leave. However this is not in our contracts. is this legal. should it not stay the same because of custom and practice.

  • Lesley Furber

    Hi, I'm going to e-mail you about your query above as I have a couple of questions. Regards, Lesley Furber

  • Holly8

    I work 3 days a week – am paid a freelance daily rate – I've been freelancing for over a year at the same company. Am I entitled to holiday/sick pay? I do sometimes have childcare issues when I have to leave earlier or have a doctor's or dental appt- my employee will pay me up until the minute I leave the studio is that normal as a freelancer charging daily rate?

  • lesleyfurber

    Hi, you would only be entitled to holiday pay if your company class you as a 'worker' not a freelancer. I'm going to reply in detail to your query by e-mail (from workline@freelanceadvisor.co.uk). Thanks, Lesley Furber

  • manorfan

    I work in a take-away, parttime every weekend during school and for the past 2 summers, 5 days/nights a week I was first there , there are 6 others working now, 1 just arrived in September 09, if week end hours are cut from 2 days to 1 day, have I anymore entitlements, the fact I was first there and I worked 2 days every weekend since I started

  • lesleyfurber

    Hi, your rights are going to be partly dependant on your age as I guess your'e under the age of 18? Have a look at the Young People's section on the Direct Gov as this may be able to help you -http://www.direct.gov.uk/en/YoungPeople/Workandcareers/Yourrightsandresponsibilitiesatwork/DG_066272
    Regards, Lesley

  • Steviek59

    If I am rostered to work on a Bank holiday my employer pays me double time for the shift worked, or I can request that I take the Bank holiday at a later date, or I can ask not to work the Bank holiday and not get paid. If my shift starts a 22:00 and finshes at 06:00 is my employer required to pay me only double time for working from 22:00 – 00:00 only at double time even if my shift still has 6 hours to complete as my shift is 8 hours – If I work on the other two shifts 06:00 – 14:00 or 14:00 – 22:00 they would pay the whole shift at double time.

  • lesleyfurber

    hi, I'm going to reply by e-mail to your query as I have some questions to ask. Regards, Lesley

  • patriciamcginty

    Hi. I am a registered nurse, working for the N.H.S. We work 12.30hrs shifts. We are paid for only 11hrs. We are told we must take no more than 1.30hr break, of which is unpaid, which means we are not given any paid rest break.

    Is there a legal requirement for the nhs to provide any PAID rest break?

  • lesleyfurber

    hi, rest breaks during the working day (20 minutes rest is required in each 6 hours worked) can be either paid or unpaid depending on what it says in your contract of employment.

    Have a look at the Direct Gov site for more information -http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

    Regards

  • Simon Osmond

    I work as an assistant manager at a pub/nightclub, I am salaried to work 48 hours per week. If I sign an opt out agreement to work more than 48 hours a week, am I entitled to be paid for the hours I work outside my contract?

  • http://www.workline.org.uk Lesley Furber

    hi Simon, that entirely depends on what is agreed about you working the extra hours, whether they will be paid or not. It may be regarded as unpaid 'overtime'. You know that you cannot be made to sign an Opt out and can always Opt back in at any stage if you are unhappy. If you have any more queries, or want further information then please contact me at workline@freelanceadvisor.co.uk. Regards, Lesley

  • Guest

    My girlfriend has just started work as a waitress. she finished her second shift at 3am and was asked to start her third shift at 10 am the same day. Can the 11 hour rest break requirement be ignored/opted out of by an employer via the contract or is this a statutory requirement that must be adhered to regardless of other conditions?

  • dougie

    we get 28 days a year holidays at easter we have friday and the monday and are allowed to take 4 days of our holiday entitlment we are now been told we must take the 4 days by end june and our 2 weeks summer holidays must be taken by end august where past years i would off used them all at christmas can my employer make us take our hols when he says

  • http://www.freelanceadvisor.co.uk FreelanceAdvisor

    this is becoming a popular little thread!

  • Mr T

    I have refused to opt out for this very reason. We get no over time or time in lieu of anything over 48 hours. My general manager has been fuming over this and keeps nagging me to sign it, as I'm sure my area manager will do. I am however going to stand by my decision. I've got no problem with working longer hours, I do however object very strongly to not being paid for it or getting the time back.

  • Angela Bradshaw

    I am contracted to work 40hours a week. My annual leave entitlement runs from April-March. I have just been informed by my employers taht no annual leave can be taken the last 2 weeks of March. Is this right?

  • tone

    Hi I work in a in a small recycling plant and have been told that I cannot take annual leave of two weeks during the school holidays with my wife and children. I have been granted one week. Am I entitled to take two weeks for our annual holiday as we did not want to take our children out of school proir ro the school holidays.

  • http://www.freelanceadvisor.co.uk/workline-uk Lesley Furber

    hi Angela, yes if you read above, your Employer can specify when you can or cannot take your annual leave, as long as they give you notice. Regards

  • http://www.freelanceadvisor.co.uk/workline-uk Lesley Furber

    hi your girlfriend needs to be given compensatory rest if the 11 hour rest break is broken. Regards,

  • http://www.freelanceadvisor.co.uk/workline-uk Lesley Furber

    hi, basically yes, as long as they give you notice of this – see above. Regards

  • http://www.freelanceadvisor.co.uk/workline-uk Lesley Furber

    I'm afraid a similar reply to those below – your employer can tell you when they want you to take your leave and how much, as long as they give you notice – see article above. Regards

  • Guest

    thanks, and my apologies for my lack of understanding, but what constitutes compensatory rest? if for example she gets the next two full days off after working the back to back shifts, does that satisfy the WTD?

  • Lesley Furber

    hi, the easiest thing to do is work out her working hours over 7 days – she is due 1 full period of 24 hours off and then 11 hours between shifts – so if she's getting the next 2 full days off that could well cover it (i.e. would include the 24 hour period and possible they 11 hour break period)…. if you average it out over 7 days you should be able to see whether she is getting enough rest breaks. Hope that makes sense. Regards

  • been taking for a mug

    under my current terms and conditions i get paid double time on public holidays i tranfered under tupe and there now trying to take this off us saying its unlawful can you help me?

  • Hollowman Tom911

    tom
    work 3 days a week – am paid a freelance daily rate – I've been freelancing for over a year at the same company. Am I entitled to holiday/sick pay? I do sometimes have childcare issues when I have to leave earlier or have a doctor's or dental appt- my employee will pay me up until the minute I leave the studio is that normal as a freelancer charging daily rate.
    Budget Travel

  • Hollowman Tom911

    tom
    this action proof to be a win, win situation. This is a true art work, which will be a success storywork 3 days a week – am paid a freelance daily rate – I've been freelancing for over a year at the same company. Am I entitled to holiday/sick pay?
    Budget Travel

  • Lesley Furber

    Hi, can you e-mail me with more details so I can see I can help. Regards – workline@freelanceadvisor.co.uk

  • Lesley Furber

    You certainly are not entitled to sick pay or time off for child care arrangements as a freelancer, so it would be normal to be paid up until you leave the studio. With regards to Holiday pay – you can be entitled to Holiday pay if you are classed as a Worker (for the purposes of the Working Time Directive) but this will depend on your circumstances. Please e-mail me if you want more information. workline@freelanceadvisor.co.uk. Regards

  • DAS

    When on holiday, are you permitted to work the rest days within that week?

  • Lesley Furber

    Can you e-mail me with more information on this? I'm not entirely sure what you mean. Regards, Lesley

  • Anonymous

    Are holidays counted as weeekly rest days under the working time directive. If they are is there any legislation that states this?

  • http://www.sensis-studio.com Ilona

    Hi there,
    I have a question:
    We want to employ a graphic designer on a part-time basis (20hours per week) on a fixed term contract for a fixed period of month.
    My question is:
    Are they entitled by law to holidays at all?

  • http://www.sensis-studio.com Ilona

    Hi there,
    I have a question:
    We want to employ a graphic designer on a part-time basis (20hours per week) on a fixed term contract for a fixed period of month.
    My question is:
    1) are they entitled by law to holidays at all?

  • http://www.sensis-studio.com Ilona

    weewt

  • http://twitter.com/rdino1968 Richard Burnell

    I have been working for a company for just over two months, I put a pass in for a previously booked holiday (back in March). The company suffered redundancies recently however, I was lucky enough to be kept on. Now I am being told that I may not have a job if I take holiday. Is this legal?

  • Anonymous

    hi RIchard, can you e-mail me at workline@freelanceadvisor.co.uk as I will need some more details before I can help. Thanks, Lesley, Workline

  • Anonymous

    hi, no holidays are distinct and seperate from weekly rest days. If you have any more questions please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline

  • micky

    I work in the care sector for which part of my shift is hourly paid for tasks to be completed and another part of the shift is for sleepover at a flat rate. My rota is continous ie 4on/4off permanent work. I am not a locum. My employer only pays me for the working part when I am on holiday and disregards the flat rate. This is a serious reduction in my normal monthly pay when I require for example a two week holiday. Instead of looking forward to a paid rest period, I have to budget for the ‘loss’ accordingly. As all my time is within the work place, I feel all hours are ‘working hours’ with regards pay and all hours should be paid for when on holiday. Any constructive feedback or entitlements would be appreciated.

    many thanks

    micky

  • Anonymous

    Hi im lead to believe that your ment to have one hours break in a 12hr shift, paid or not i know thats down to my employer. But i keep hearing for every 6hrs your entitled to 20minutes????? Well then obviousley one is wrong and one is either lossing 20 minutes or gaining 20 minutes??? I have always known it to be 30 minutes for everyone in a 4 1/2 hour period with or not your between 15 0r 40 + .

  • Anonymous

    hi, the working time directive legislation (see above page) entitles you to a 20 minute break if you work more than 6 hours continuously. If your Employer chooses to give you more entitlement than this then that is fine (but obviously can’t give you less). Hope that helps. Regards, Lesley

  • concerned

    my partners company have given him a contract stating he must work any of the 5 days out of the 7 in the week, including weekends at short notice and if he wants a weekend off, he must book it as a holiday, even if there isnt any work available on that weekend (basically, if he wants to ensure he doesnt work the weekend, it must be booked holiday to make sure).
    is this legal?

  • Emma Douglas2

    hi , i get paided extra when doing a weekend , can my boss reduce the wkend rate to a weekday rate when i take it as a holiday , ( i do everyother wkend so if my hol falls on my wkend i only get weekday rate , can he do this ?) thanks em :)

    • Lesley Furber

      hi Emma, sorry for the delay in getting back to you. Your Employer is entitled to do this if your contract allows it – there is no legal requirement for them to pay you more for working at the weekends. if you need any more information please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

  • Sharvckrs

    hi, I work two nights 22 hours a week, the other carer works 5 days of three and a half hours a day
    totalling seventeen and a half hours a week yet she gets an extra weeks holiday? we both work the bank holidays so please what is the difference .

    • Lesley Furber

      hi sorry I’ve only just seen your query. I’m afraid I can’t reply until this Friday. Apologies for this. Regards, Lesley, Workline

    • Lesley Furber

      hi, sorry for the delay in getting back to you. Are you getting the correct holiday under the Working TIme Directive that you are entitled to? WIthout more information from you, the only thing at the moment I can think of is that perhaps your Employer gives longer serving staff more holiday (i.e. you get more holiday the longer you have worked there). If you want more help then please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

  • Asadsafdar

    I work a 5 week shift pattern which includes one weekend and two double rest days. I only want two single rest days but my employer says single rest days are illegal. Is this true?

    • Lesley Furber

      hi, I’m afraid I can’t reply until Friday, apologies for this.

    • Lesley Furber

      hi, sorry for the delay in getting back to you. The Working TIme Directive says that you must either have one single rest day of hours per week (or 2 every fortnight), so I’m not sure how that fits in with what you have above. Your Employer does not have an option but to comply with the WTD. Single rest days aren’t ‘illegal’ but it obviously depends on your shift pattern. I’m not entirely clear I’ve answered your question as I’m not totally clear of the situation, so if you need any more advice please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

  • Lesley Furber

    hi Emma, sorry I’ve only just seen your query. I’m afraid I wont’ be able to reply until Friday. Apologies for that. Regards, Lesley, Workline

  • Lesley Furber

    hi, sorry for the delay in getting back to you. I have a few questions before I can give you any advice – what amount of notice does he need to give? If there is no work available at the weekend that he has booked off does he still have to ‘use’ the holiday for this or get it back? If you could e-mail the answers at workline@freelanceadvisor.co.uk then I should be able to help more. Regards, Lesley

  • Angelabradshaw

    I am currently offf for two weeks “sick” due to a work related incident. I work with challenging behaviour adults who have autism, mental health issues, aspergers and learning disabilities. The reason for my “sick” is due to a resident being off base and lashed out at me by punching me in the left arm, resulting in me being taken to A&E where although thankfully I havnt broken anything, my arm is very badly bruised, swollen and I have suffered nerve damage as a result. I am looking to seek compensation by means of a personal injury claim against this resident, as this is not an isolated case on his part. Could you advise me on this please, and the route I need to take if I do go down this route.

    Angela

    • Lesley Furber

      hi Angela, I’m afraid that Workline is going to be unable to you here as we can only give advice based on employment matters. You will need to consult with a Personal Inury Lawyer which you should be able to find locally. With regards, Lesley, Workline.

  • ann moffat

    Ann
    I work 7 days over 14,
    which is 3 days wed, thur, fri, week 1
    then mon, tues, sat, sun, week 2
    what is my statuary holiday entitlement

    • Lesley Furber

      hi Ann, the basic calculation is: multiply the number of days you work a week by 5.6. For example, if you work a five day week you would be entitled to 28 days’ annual leave a year:
      5 days x 5.6 weeks = 28 days. So in your case 3.5 days a week – 3.5 x 5.6 = 19.6 days entitlement. Hope that helps, regards, Lesley, Workline.

  • Lornarobi

    Hi
    I was off work ill ealry this year due to an accident (not work related) i was off work for 13 weeks all of which was covered by a doctors sick line, am i still entitled to the bank holidays that occured during the time i was off? my employer gives us a day in lieu if we work these days, i was scheduled to work them but due to having my leg in plaster i was unable to go to work!

    thanks
    Lorna

    • Lesley Furber

      hi, when you are off ill you are entitled to accrue the statutory minimum holiday entitlement, but this does not include bank holidays (which you have no statutory entitlement to be paid for). So unless it says differently in your employment contract it is unlikely that you will accrue this bank holiday day. If you have any more questions then please let me know at workline@freelanceadvisor.co.uk. Regards, Lesley

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  • Sallylmccabe

    I work with adults with learning difficulties and have a question about the maximum shift length/maximum time on working premises.
    To give you an idea of my typical working week: my shifts are 12 hours long, this is typical of support workers at this home and there is no shorter shift available to full time staff. We do not get breaks – we are not entitled to breaks at all during our shifts. Our shifts also include ‘sleep-ins’, where our 12 hour shift would be extended to 15 hours and we are expected to sleep upstairs and be ‘on-call’ during the hours of 10pm and 7am.
    The next day it is common for staff to work another 12 hours, resulting in a total of 36 hours on work premesis, and on shift, with no breaks. Our time spent here is with adults with challenging behaviour who are often aggressive, threatening and abusive.
    I have heard through the other staff members that this is generally accepted throughout the company – but is specific to our residence: other homes within the company do not work these hours.
    I do wonder how this is viewed from a legal perspective? I signed a disclaimer when i started work here to state that i am happy to work more than 42 hours, but have read that there is a weekly limit to the number of hours that a person can legally work (over an average number of weeks).
    It is not unusual (and does not raise concern) if we are to work up to 330 hours in a 4 week period.
    Any advice given would be valuable, thank you

    • Lesley Furber

      Hi, from what you’ve said above you signed an ‘Opt out’ which means you agreed to work over 48 hours per week. However you cannot ‘opt out’ of the daily and weekly rest breaks that you are entitled to under the Working TIme Directive. You must have at least 20 minutes rest if you work more than 6 hours and a 11 hour rest break between shifts. Have a look at the info on this page (above) and if you have any more questions then please e-mail me at workline@freelanceadvisor.co.uk. Regards for now, Lesley

  • Guest

    Hi we were transfered over by tupe in 2008 in our old contract it does not mention any increase for length of service but in the new company handbook states that after 3 consecutive years service you get 3 extra days hoiday after 5 years 5 extra days l have 10 years service so am l entitled to the extra days? (They have changed the holiday start date and end date)

    • Lesley Furber

      hi, did you get a new contract when you were tupe’d over to the new company or did they just refer you to the (new) company handbook? I would think you should be entitled to the new terms about holiday but I’d need more information on what you were given in writing when you started with the new company – please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

  • Dolores Watters

    Hi am I entitled to time off in lieu for work related travel outside my normal contracted hours? This has been allowed since I joined the company over a year ago but now they say I can’t have TOIL. I travel for meetings and training which can sometimes add 10 hours onto my normal hours. Thank you

    • Lesley Furber

      Hi, well job-related travelling time (not normal travel from home to work) is counted under the Working Time Directive as working hours. Can you e-mail me and let me know why they have said you now can’t have TOIL, they should have given you a reason. Thanks, Lesley

  • Matt

    I work in the funeral industry and cover out of hours for home / care home removals. If i was required to remove a deceased during the night does the 11 hours of contined rest restart from when i leave the office to return home. Can anyone please advise. Thanks.

    • Lesley Furber

      hi Matt. Basically any hours you are on call away from the workplace do not count as working hours. The answer to your question is that you may not necessarily be entitled to re-start the 11 hours rest from the point you return home – there are exceptions to WTD rules if your job requires round the clock staffing – see this link -http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

      You would need to get compensatory rest at a later date if you did not receive the full 11 hours rest break. You need to check whether your Employer is covered under these exceptions, I’m afraid I don’t know as we are specialists in Media employment issues not other industries.

      Hope that helps, Lesley, Workline

      • Clive Henthorne

        Hi Matt and Lesley,Just discovered this site and I am jumping in at the deep end on the messageboard so forgive me if I am wrong.I have done some considerable research on the WTD and call out. It’s my understanding that if you are obliged to remain in a particular place by your employer when on call be that asleep at home, at work or anywhere else then you are actually in work and all hours should be paid at the minimum wage rate and count towards the 48 hour max working week. If you are allowed to leave the premises to go shopping, football, cinema etc then you are not working until you are actually called to work.This view is backed up by a number of European and English cases, English cases such as Mrs E MacCartney v Oversley House Management at the EAT 5 Dec 2005 and The British Nursing Association v The Inland revenue at the EAT 8 June 2001 are good examples.So I would say that if Matt is on call out and not allowed to leave his home for more than a few minutes then the 11 hour rule applies. Whats more Matts wages taking all those callout hours into account should add up to at least the minimum wage. This raises another question. If Matt works an 8 hour day until 5pm and is then on call out (which is worked hours) until 9pm he should then finish work and come off call if he is going to have the 11 hr rest he is entitled to before he starts work the next day at 8am. I even have a case where the EAT ruled that an employer should have telephoned an employee to wake them up to tell them to have a rest after 6 hours!I suspect I am looking into this much more than Matt intended and it involves a bigger fight than he would be prepared to take on, still I think its worth passing on this informationBTW. no point looking at government sites, as the government is doing its best to ignore all the various laws, case law and European directives on this subject.

  • alice

    hi i work with horses and we have to work 12.5 days before we get 1.5 days off and now our bosses is insisting we take 25 days of our 31 days leave in a 3 month period . i understand my employer can tell you when you have to take your holiday but this seems a unfair rule when our working week is 12.5 days can any one help thanks

    • Lesley Furber

      hi Alice, under the Working Time Directive you must have at least a 24 hour rest period in each 7 days worked (or 48 hours in each 14 days) – I can’t tell from the information you give above (as I don’t know the length of your day or your starting/finishing times) whether you are getting this or not. I’m afraid, although 25 days does seem excessive, that your Employer can ask you to do this, I guess this is fitting around when they are closed/busiest? As long as they give you sufficient notice that you need to take this time off (see above) they can do this. If you have any more questions please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

  • Kevin

    Hi, I currently work in a school Monday – Friday term time only 3 hours each day totalling 15 hours per week. There is another part time job I would like to work on a Saturday and Sunday, 5 hours each day. My weekly hours would total 25 hours if I worked both jobs.
    I know I am entitled to a 24 hour period of rest each week but am I allowed to work 7 days a week if it is of my choosing? Do my employers have any say in this? Can either of them not allow me to work 7 days a week or is it my decision?

    Thanks,
    Mark.

    • Lesley Furber

      hi Kevin, the regulations say that you cannot work more than 48 hours per week, across any amount of employers, but this won’t be a problem in your case. However, the regulations do say that you must have a 24 hour rest period in any 7 days but you, as an Employee, can forego your right to this weekly rest break provided you do not work over 48 hours per week and there are no health and safety risks and your Employer has given you the right to the 24 hour rest period. There may be some exceptions to this in certain industries/situations, but in the situation you describe above it is your decision NOT to have the 24 hour rest period. If you’ve got any further queries then please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley

  • Darren

    hi, i am currently working 2 jobs,in my first job i work a night shift 8pm to 7am, I then follow this with my secound job working 9am till 1pm for a different organisation, I work these hrs 5 days in a week, and take 2 days off, My night shift work is every other week. I enjoy both jobs and do not want to give any up, am I ok to work these hrs, I was also think of taking a additional part time night shift post to fill in on the alternative weeks to my 1st post. ???

    • Lesley Furber

      Hi Darren you must be knackered! I would need to know what industries you are working in, as different industries have different Working TIme Directive rules. Over a 4 week period it looks like you do 47.5 hours per week now, so it might be a concern if you do any more. Could you e-mail me with more details of the jobs you actually do and I’ll see if I can help more. With regards for now, Lesley, Workline

  • Davidsharp

    My employer asks me to come in 15 mins early every day and keeps me behind every day for between 15 and 30 mins…

    I earn minimum wage so if you divide the hours I’m working by my pay I’m being paid less than minimum wage as every week I’m working a few hours extra and not being paid for them.

    Is my employer breaking the law expecting me to work extra?

    Thanks

    David

    • Lesley Furber

      hi David, that will depend on what is written in your contract of employment (which you should have). Do you want to send me any information you have on this – i.e does it say in your contract you can be asked to work extra hours etc – to workline@freelanceadvisor.co.uk. Thanks, Lesley

  • Ryan Beveridge

    I work 22 hours a week but only contracted to 11 hours per week so on my pay slip over the month i always have 44 hours overtime on top of my regular wage but when i take holidays I lose money as my contract is only 11 hours so they take the over time away when i take a holiday

    • Lesley Furber

      hi Ryan, basically the way it works is that for each week of holiday you are entitled to a ‘weeks pay. This ‘weeks pay’ is calculated in accordance with the definition of a working week in the Employment Rights Act 1996. A ‘working week’ will include overtime ONLY if the overtime is contractual – ie your employment contract specifies the overtime to be worked. If the overtime you work is ‘non-contractual’ i.e. not specified in your contract then it won’t be counted and therefore your holiday pay won’t include this amount of money. Is there a reason you work so much regular overtime, can you ask your Employer to contract you for longer hours (I’m not sure if you get paid for e.g. double time for the overtime – which means it may not be in your interest to be paid at a single hourly rate)? If you have any more questions or I’ve not answered your query then please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline

  • Jeff

    Hi, I really need some advice. Hope you can help.

    I currently work 15hrs per week (contracted hours) but often have to stay later as I work in a retail store and have to clean and bank the takings. I dont mind doing this at all and never complain, its usually only 15 minutes or so.

    My employer placed me on a stage 1 disciplinary last wednesday due to lateness (I attend university during the day and found it difficult to get into work for 6pm due to traffic at 5pm when I finish. Work have resolved this by changing me to weekend working as of the 1st Nov).

    On the 6th Nov I worked my 11-19:30 Saturday shift and was asked if I could stay extra time to help close up as someone had called in sick and this only left 1 person to close the store. I agreed as long as I could start later the following day (take the time back instead of being paid) my manager said this was fine.
    We left the shop at 20:55 (1hr 55min after my shift finished). The next day I started my shift an hour and 15 minutes later as previously agreed. As it was busy I started earlier than I worked the previous night.

    Last Sunday I arrived at the store at 13:00 which is when my shift is due to begin (I had my name badge on and was on the shop floor within seconds so technically still 13:00). However, work have an unofficial rule (not in my contract, not paid) about being in 10 minutes before shift to read briefing etc…

    They are now taking me to a stage 2 disciplinary less than a week after my stage 1 and before I have even had the outcome letter from HR. They say that it is for two reasons:
    1. I was 15 mins late on the 7th of Nov because the only agreed to give me an hour back????!!!!!
    2. I was not in work 10 minutes before my shift last Sunday (13th Nov)

    Is this correct? As far as I am concerned my shift begins at 13:00 so I was on time, the 10 mins before thing isnt in my contract and I dont get paid for it so can I be disciplined for not being there? Also I did the shop a favour on the 6th and started late the next day in accordance with what had been agreed, my manager now disputes this and states they only agreed an hour, nothing in writing so where do I stand?

    Also, the alleged lateness on the 06/11 was before the stage 1 disciplinary so should this have been counted towards the stage 1 and discussed in that meeting?

    I feel like I am being targeted a little as I recently expressed a desire to change jobs to a collegue who subsequently told the manager, since then I have been hit with two disciplinaries within two weeks. I previously had a good working relationship with my manager.

    Any advice would be greatfully received.
    Sorry about the epic post.

    Jeff

    • Jeff

      Correction
      (take the time back instead of being paid) my manager said this was fine.
      We left the shop at 20:55 (1hr 55min after my shift finished)

      Its 1hr 25mins after my shift ended.

      :O)

      • Lesley Furber

        hi Jeff, I’m going to reply to you via the workline e-mail address as I think this is far too personal to discuss in a public space. You will hear from me today or tomorrow. Regards for now. Lesley, Workline

  • Caroline

    hi, ive started a new job, i told my manger that i can not work fri an sat, so shes put me on to a think called BANK
    what i want 2 no, is if i work christmas,boxing an bank holidays will i get payed double pay!!!!!
    all will i get normal pay!!!!!!

    • Lesley Furber

      hi Caroline that entirely depends on what your contract says. It is your Employers decision there is no legal obligation to pay more for working on holidays. You need to ask your Manager what there arrangements are. Regards, Lesley, Workline

  • Alba08

    I work with adults with severe disabilities, once p/wk we have to do a sleepover on site. if undisturbed we get £25, if 3 periods of 20mins or more disturbance to deal with a client we get an enhancement on top of £25. This amount has not risen in the last 5yrs, and only by £2.50 for three years prior. like a lot of people we have had a wage freeze, but have now been awarded 14pence per hour from Apr 01 2011. Again there is no rise in the sleepover or other shift enhancement payments. These payments are not described or stated in our contracts as bonuses or additional payments that could be acheived, via performance etc. They are clearly stated as enhancement, and top ups, for the reasons that are obvious, the shift patterns, unsociable etc. My question is basically this, how can my basic rate rise, but the other payments do not. IS THIS LEGAL..

    • Lesley Furber

      Hi, basically there is no legal entitlement to pay rises (or any type), so I’m afraid yes this is legal. The only thing in law regarding pay is that you must be paid the minimum wage. Hope that helps. If you have any further questions please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • martha

    Hi. If i want two weeks off (14 days) and work 5 days per week, does this count as 10 days statutory leave or 14? Thanks

    • Lesley Furber

      hi Martha, that’s 10 days, if you work 5 days a week. Regards, Lesley, Workline

  • Eric A Mills

    I worked for a security firm for 7 weeks, working various shift patterns and hours per week (Average 45 hours).
    I handed in my notice (1 week) although my ‘temporary’ working contract said no notice was required. The annual leave on the contract was 5.6 weeks. Am I entitled to payment in lieu of holiday?

    • Lesley Furber

      hi Eric, yes you are entitled to the holiday you haven’t taken while you were working for them. I’m not sure how many days you work a week – if you worked 5 days per week then you would be owed 3.77 days….. however, do you want to check on the Business Link’s holiday entitlement calculator which allows you to input the exact information of your working week – here -http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1079427399&r.l2=1073858926&r.s=tl
      Regards, Lesley, Workline

  • Jay_elliott

    hi, i currently work as a lorry driver doing an average of 60 hours a week monday to friday sometimes 65 hours, just wondered if the company was allowed to make you work those kind of hours. many thanks

    • Lesley Furber

      Hi Jay, basically you should not work more than 48 hours per week, but this can be averaged out over a 17 week period (or sometimes longer, depending on the circumstances). However, your Employer can ask you to sign an ‘Opt Out ‘ of this 48 hour per week limit – so you agree to work more than 48 hours. But they should not force you to do this and you have a legal right to ‘Opt’ back into the 48 hour per week limit. Do you have a contract that might give you more information and/or do you remember signing anything that said you could work more than 48 hours per week. If you’ve got any more questions please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline.

  • Anonymous

    i work at manchester airport on the checkin desks. the company i work for have just changed our rest hours between shifts from 11hours to 8 hours . has the law changed so they are able to do this?

    • Lesley Furber

      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

  • karl

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

  • karl

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

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  • Charliejamesking

    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 ?

    • Lesley Furber

      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

  • lisa

    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

    • Lesley Furber

      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

  • Docker

    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?

    • Lesley Furber

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

  • Karen hebborn

    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

    • Lesley Furber

      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.

  • NB

    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 ?

    • Lesley Furber

      hi, can you e-mail me more details – i.e. how you know these payments were connected with WTD and not anything else? Thanks, Lesley, workline@freelanceadvisor.co.uk.

      • Solomon

        Without any consultation, the HR Dept at my NHS pct, have done the same “stealth” tactic to get rid of paying “Full pay as though you would have if you’d have worked the shift……for sickness payments and for annual leave
        By giving a WTD payment but not answering the queries asked by employees…
        I asked at the beginning of 2010 “What’s this payment WTD” to my Line manager, it’s a working time directive payment is the only answer I got…. this year the 26th Feb I sent in my timesheet for Feb (our enhancements are paid a month behind) another line manager (the first having took redundancy) said I was not going to receive my enhancements for all the days of Annual Leave I had put in during February, when I asked why, I was told the WTD payment was a payment that I had received instead of receiving enhancements when I was either on Annual Leave or Off due to illness….I believe me and my colleagues have been conned, I asked to opt out of WTD months before I actually put it in writing to my old line manager Nov 15th 2010, yet my current L/M and HR stated on the 27th Feb I could not opt out, when I told them I had looked it up and I was aware I can opt out they have said they want all the money I received since Nov 15th “As I knew what the money was for and I had said nothing” I had asked as did a colleague, but we got no proper answer and I only asked Nov 15th to opt out of WTD, as I thought it would stop me being offered overtime I did not know anything about a payment instead of enhancements….as I said they want me to pay back what I have received and only give me an average of the enhancements I would have received…though agenda for change state under annual leave enhancements that I should receive what I should have if I had worked the shift…are they behaving within employment law ?

        • Lesley Furber

          hi, I’m going to reply by e-mail as I have some questions. Thanks, Lesley, Workline

  • Sparky16yrs

    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

    • Lesley Furber

      hi Sparky! You should be able to calculate this on the Business Link Calculator -http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1079427399&r.l2=1073858926&r.s=tl

      If that doesn’t work e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

    • Alan

      You are entitled to 28 paid holidays a year which will include the 8 bank holidays. In your first year of employment you employer has the right to use an accrual system for calculating your holidays and you start to accrue holidays from your first day or employment. You accrue 1/12 of 28 days each month eg: if you have worked May June July you would be entitled to 3/12 of 28 days = 7 days @ 4 Hrs per day. You holiday pay is calculated as the average day rate on the 12 weeks prior to you taking the holiday. Have a look at the Accas site which will give you more information.

      • Lesley Furber

        Alan, thanks for your comment. The 28 days holiday a year may or may not include bank holidays, just to be absolutely clear. Regards, Lesley, Workline

  • Elde16f

    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?

    • Lesley Furber

      hi, I’d probably need more info to answer this completely but from what you’ve said above then yes your Employer can rota you on the Sunday. There is no legal right to have time off on a Bank Holiday. I’m not sure I’ve answered what you’re asking though (as I don’t completely understand your quote from the contract – I’d need to see more of it) so if you have any other questions then e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

  • annnny

    Hi, i am currently working in a ticket office contracted to 23 hours a week. I recieved a disaplinary last week for not showing up to a shift, I had arranged to swap this shift with a colleague but they didn’t turn up. I know i am at fault for this, and did apologise and my manager issued me with a final warning, she said i was persistantly late for work, which is also true. I live fourteen miles away and attend college, i was late for most of my shifts that particular week because it snowed heavily and public transport was unreliable, there have also been instances where i have been kept behind at college and unable to leave on time.
    I called in sick on Sunday as i slipped on some ice saturday night and hurt myself, and i was given another disaplinary meeting for next tuesday where basically i have to have a medical certificate to prove i was at a&e saturday night, which i said to avoid the sack. I know that it’s awful to lie but i need the job and the money and i wasn’t fit for work sunday, What i want to know is have they followed the disaplinary procedure correctly? They refused to let me have a copy of my contract when i asked today but i’m sure it states a employee will recieve an official verbal, written and final warning except for in the case of gross misconduct which would be instant dismissal. Is this a legal requirement? thankyou.

    • Lesley Furber

      hi, I’m really sorry that I’ve not replied to this before, I’m afraid we’ve been having system problems which means the messages haven’t been forwarded on. I suspect I might be too late to help you now, but if I can help please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline

  • Goldlink Origin.

    I work sixty(60) hours in a week (Mon to Friday), Bank Holiday days inclusive, on an annual salary basis. No additional payment fr working on bank holiday. Could you please advise me on my annual Holiday entitlement.

    • Lesley Furber

      hi, apologies for the delay in replying to you, there have been some problems with receiving these notifications. You can work out your holiday entitlement via the Business Link calculator which is here -http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&topicId=1079427399&r.l2=1073858926&r.s=tl
      Regards, Lesley, Workline

  • Peter Langton

    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,

  • caroline

    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.

  • Lisa

    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.

  • Grant Hyatt

    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 ?

  • Bigred

    Hello,
    my company pays 28 days holiday a year. This includes bank holidays, which this year accounts for 9 days. Also the company has a Xmas shutdown, which we have to put to one side. What I wondered can I not take holiday pay for them days and use my holiday in other times of the year?

    • Lesley Furber

      hi Bigred, I’m not exactly clear what you are asking. If your company shuts down then you would need to take this as holiday, you would have no choice. If you can give me more information via e-mail workline@freelanceadvisor.co.uk then I may be able to help more. Regards, Lesley, Workline

  • guest

    is there any law relating to holiday leave entitlement for working parents to enable them to take time off during school holidays

    • Lesley Furber

      hi, if you are asking whether you should be able to take time off because of school holidays then there is no specific legislation here. Employers can request you take time off to suit their business needs (i.e. if they have certain busy periods) as long as they give you the appropriate notice. It will all depend on what your Employers policy is around how you take your leave and when. Your Employer should obviously ensure you take your leave entitlement during the year. If you have any more specific information you want to tell me, for a fuller answer, then please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Pjab61

    Hi, I work 3 X 12 hour nights on a rota basis, all of my working life is either nights weekdays, nights weekends or weekend days. My employer is stating shift allowances incorporated into salary, but no sign of on wage slip.
    Thanks P

    • Lesley Furber

      hi P, I’m not sure what your query is. Are you saying you’re not sure you are getting shift allowances? do you have a contract of employment or letter you received when you were hired to show how your pay is worked out? Are there any documents your company produces that show rates of pay, allowances etc? If you want further help then please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Ronnie

    HI, I currently work 3 nights a week 10hr shifts. My resdiential school has been open for 11 years and caters for learning disabilities due to staffing levels it was impossible to get off unit for our breaks so as way of compensation we were affered a paid 1 hr break and although we are paid for a waking night almost all of us sleep on our break but remain on call if an incident was to occur there is no talk of taking this break away from us, controlling what we do on our breaks i.e. no sleeping or possibly divinding our breaks into 2 separate breaks throu the night but as this has been going on for 11 years has this not beome custom and practice and r we entitled to a consultation period before changing breaks. Is my employer entitled to control what I do on my break

    • Lesley Furber

      hi Ronnie, I’m going to reply to you via e-mail. Regards, Lesley, Workline

  • Colinwilson1965

    my manager is trying to force me to work over 48hrs a week, i do not want to and have been told i quote no overtime / no job he seems to think that because my contract states that i have to be flexible then he can force this upon me?

    • Nigel Devine

      EU working time directive clearly states an employee must sign an op out to work more than 48hrs. Ask him for it in writting that he says you must work more than 48hrs or you will loose you job.

    • Lesley Furber

      hi Colin, you manager cannot legally force you to work over 48 hours per week. He/she can ask you to sign an Opt Out (so you agree to work more than 48 hours per week) but you cannot be forced to sign this. If you did sign this then you can choose to ‘opt’ back in at any time (with the notice period your Employer should set) – i.e. you can choose to not continue working more than 48 hours per week. Most employment contracts request some flexibility but Working Time Directive legislation will override this. Will they be paying you for the overtime? If you want to give me some information or if I can help more then please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Chrissy

    Hi
    I work in manufacturing and work a weekly three shift pattern (10pm-6am, 6am-2pm, 2pm-10pm Mon to Thurs and 2pm-7:30 Fridays). The company recently brought in annualised hours. This means that overtime is not paid but banked and used as time off in leiu when the factory is less busy. Management introduced a rota for extra weekend work during a busy period when we had lots of overdue orders. Over a nine week period every operator is on the rota for one Friday 7:30pm-10pm, one Friday 10pm-6am and one Saturday 6am-2pm. However, since November they have been taking on extra orders and have run the weekend (overtime) shifts to cover them. If your name is on the rota you HAVE to work the overtime shift otherwise you face disciplinary. If you are on holiday when it is your turn to work the weekend rota you have to find cover for your weekend shift.
    Due to the way our shifts rotate we work 6-2 one week and then night shift the following week so if you are on the weekend rota for 6am-2pm on the Saturday you are straight back into work on the next night (Sunday) at 10pm. Although there is a 24 hour break between these shifts it does mean that you are actually working for 11 consecutive days. Does this comply with WTD and can they force us to work overtime?

    • Lesley Furber

      hi Chrissy, I’m going to reply to this via e-mail. Regards, Lesley, Workline

  • Denny

    Hi there,
    I work as a care assistant in a nursing home I normally do day and night shift. which I expect different pay for both shift, suprisingly I was paid the same wage I receive during the day for doing night duty , when I ask my manage she told me that is because we really don’t do much work during the night, is that right?? Because I think working during the night is unsocial hour and it should be different pay higher than the day shift.
    Denny.

    • Lesley Furber

      hi Denny, yes it’s normal to get higher pay for a night shift BUT there is no legal requirement for your Employer to do so, they can set their own pay rates, as long as they meet minimum wage requirements. So, if your Employer does not pay a higher amount for night-work, there is not a lot you can do about it I’m afraid. Hope that helps. Regards, Lesley, Workline

  • Denny

    Hi

  • Mitchc5

    my sons employer has said he will no longer be able to work weekends on higher rate as they are going to bring in contractors to do his job and he will have to train them up.

    can he do this as my son relies on overtime to make up his wage

    mitch

    • Lesley Furber

      hi Mitch, well that’s going to depend what is written in his contract (if he has one) – i.e. whether it is written in his contract that he will work weekends overtime at a higher rate. If you want to send me more info on e-mail at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Alfie Kent

    My wife works as a care assistant in a care home, she has 2 unpaid rest breaks during her shift, can she be made to carry out minor tasks – answering the phone, responding to visitors to the door etc, during her rest breaks.

    • Lesley Furber

      hi Alfie, in theory the rest breaks should be for rest (you are legally entitled to a 20 minute rest break if you work over 6 hours), but this may depend if there is anything written in her contract, or whether this is normal practice so has become custom. If you want to send me any more information on workline@freelanceadvisor.co.uk then I may be able to help more. Regards, Lesley, Workline

  • Stephenbrisco

    hi im a mobile engineer my agreed hours of work are 7.30 till 17.00 45 hrs but my my boss is insisting that i should be on site at 7.30 this can be up tp 3hrs away at each end of the day.I work from home and was given to understandthat any other travelling apart from to your permanent workbase was part of my contracted hours. I would also like to know if emailing for the company vehicle checks and printing off jobs would also be part of my company hours and where would i go in the regs to locate the info cheers steve b

    • Lesley Furber

      hi Steve, I’m going to reply to this on e-mail as i have some questions. Regards, Lesley, Workline

  • Viki

    I work 16 hours a week at a drs practice, for years I have had five weeks holiday plus bank holidays, now my boss is taking the bank holidays away from us and including it within the statutory paid holiday. So for my holiday entitlement this year I am down 14 hours on previous years. The only contract that I have is from 9 years ago which has changed somewhat, but in that it said that normal bank and public holidays will be recognised by the practice. Where do me and my collegues stand? Thanks for your time.

    • Lesley Furber

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

  • jasper

    can I opt out of the 11hr between shifts, I work in a well known health care provision establishment and there is currently a 9 1/2 hr break between a late one day and an early the next day, which I have done for years and am quite happy with. They are trying to change it. Also do sleep in (go to bed in work at midnight after a shift and then get up 7am for an early) and wonder about the 11 hr break between shifts as I am also happy with the current arrangement which has also been going for years.

    • Lesley Furber

      hi Jasper, you can’t ‘opt out’ of the 11 hour shift legally as you can with the 48 hour working limit. However, if you’re happy with the arrangements as they are that’s fine. I’m not sure what you mean when you say they are trying to change it – make it worse, or better? If you want to e-mail me any more details – at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Dru Lawson

    Hi, Many thanks for a great article. I manage a wellness centre and am putting together a contract for your freelance therapists. Typically they work between 4 and 8 hours a week here as they split their time between different centres. They rent the room on a monthly basis and pay for the weekly rent x 4.3 every month. Am i required to alter this rent to take into account a holiday allowance? Someone has suggested 6%. Many thanks. Dru

    • http://twitter.com/TeamCrunch Crunch

      Hi Dru,

      It sounds like your business activity is involving rental of space to clients / self employed individuals from which you receive income. If this is the case then the people renting out the space will not be your employees and you would just be invoicing a client for the services you have provided, thus they would not be your employee/s and you would not have to account for any of their holiday time.

  • Tony john Canham

    Does an employer have the right to move someone within the business to a lesser paid role cause they wish to opt back into the WTD. The employer is concerned that the employees moving into the WTD will effect their ability to operate within a budget. John

    • Lesley Furber

      hi John, if you see above, an employee should not suffer any ‘detriment’ if they wish to Opt Back In to the 48 hour per week working limit. What you have described could be a breach of contract. If you have any more questions do you want to e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Sharon

    Hi

    I work for a company who expect all managers to do an on call, this normally equates to one a fortnight, at present we are paid a nominal amount for the on call. The majority of on call is answering a phone and giving advice, however there are occasions when we have to go into work to deal with more serious incidents. At present nothing is written in writing, but there is a discussion that we can not take this time back as TOIL or get paid overtime. Our working hours ar 40 and the on call is on top of this, there is no opt out clause for being on call, i’d like advice please

    • Lesley Furber

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

  • Minileves

    Hi there my company last August made some redundancies in my department at work.
    Thankfully I managed to re -apply & was successful in securing 1 of the new positions.
    The new job required us (me + 1 other) to fit around a 2 week Rota which consisted of 1 Weekend off 1 weekend on & shift patterns of days/evenings.

    This I was happy to accept, but warned the company during my consultation meeting that I had concerns for the Rota & the Buisness that you will be leaving the Management in this area very short staffed! They accepted we would be tight but the General Manager + Deputy would step in to cover when the team take holidays or are off sick.

    This week without any prior notice I got called into a meeting with my boss & a HR representative taking notes of the meeting.
    My boss went on to explain that this past 2 weeks we have been overly stretched due to staff holidays & has proven difficult to find cover for evenings & weekend shifts on the Rota. She said we have had to pay another member of staff overtime which we cannot afford to do & that you guys should be planning our holidays better & ensuring these shifts in particular are covered as a priority.
    They have now decided that I ( & believe it’s only me that this is happening to) will now work a 4week shift pattern starting in a months time working 3pm-11pm Wed-Fri & 7.30am-3.30pm Sat + Sun for 3 out of the 4 weeks!

    Do they have any rights to do this or do I get any say in the matter?

    Can they just selectively choose me?

    Many thanks I look forward to hearing from someone with some support.

    • Lesley Fruber

      hi, I’m going to reply to this by e-mail – sorry for the delay in getting back to you. Regards, lesley, workline

  • John

    Can you advise me about my current situation. Virtually all our work [landscaping and tree surgery] is well away from the company base. the company pays for b and b etc but has now decided not to pay the return travelling time, So I could take 2 hours to a site in a marked company van, work 8 hours [lunch hour not paid] and 2 hours back to base and now get paid 9 hours not 11. We have to return to base as its a secure site for the van and tools etc. Fortunately I only live five mins from the site and do not expect to get paid for that. Effectively my pay has been cut by over 20% by this decision and yet I am in control of company property [the van and expensive tools] until I get back to base. This seems wrong – can you advise. John

    • Lesley Furber

      hi John, I’m going to reply to you on e-mail. Regards, Lesley Furber

  • Meg

    I do a late shift followed by a sleepover(£35 payment) and then onto an early shift. When I take holidays I am paid for the late and early but not the lost sleepover, thus losing money from my monthly salary…is this right or should the sleepover be included in my holiday pay. I am lone working and so at any point during the sleepover I may be required to get up to manage an incident should one occur,at this point I are entitled to claim the waking hours at an overtime rate.

    • Lesley Furber

      hi Meg, I’m going to reply to you by e-mail as I’m going to forward you some information. Regards, Lesley, Workline

  • Monsoon3

    Hi
    I work 6 days a week (I have already opted out of the 48 hour rule), but I want to work 7, but my employer says that’s illegal.
    I can’t find anywhere a limit on the maximum number of hours that you can choose to work a week (if you’re more than happy to opt out and have opted out).
    Is there an upper limit? Can I legally work 7 days a week if I actually want to?

    • Lesley Furber

      hi Monsoon, if you read the article above you’ll see that you must have 1 rest break of 24 hours per week (in 7 days, or 2 breaks of 24 hours in 14 days). It will occasionally be possible to forego your weekly rest break entitlement of 24 hours if you choose to do so, as long as you do not breach the 48 hour weekly average working limit (i.e. you have not opted out) and provided there is no foreseeable risk to your Health and Safety, and your Employer has given you the chance of having the 24 hour rest period but you choose not to. The upper limit you should reasonably work if you are opted out is 78 hours per week. So your Employer is correct. If you have any questions do you want to e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline.

  • Deepestscarlet

    Can you please advise me as all the information i have found so far is slightly contradicting itself. I have 2 queries firstly regarding daily rest break of 20 mins for a shift of 6 hours or more if the shift runs for 12 hours or over does this count as it should have 2 x 20 min breaks been as the ruling regarding 20 min break for 6 hours or over doesnt give an upper limit to the shift length. Secondly with regard to employees having an 11 hour rest break between shifts i understand this can be compensated another day that week if the full 11 hours where not given but when if ever is it permitted not to give the 11 hours is this permitted as long as it is compensated does an employee have to agree or can an employer set the shift pattern and compensate for reduced periods of rest at their discretion without employees agreeing?

    • Lesley Furber

      Hi, in answer to your first question you are only legally entitled to a 20min break if you work longer than 6 hours on a shift – this does not legally ‘double’ if you work a longer shift. Re your 2nd question, yes it can be compensated with ‘rest’ at a later date. There are occasions when it may not be possible to give an 11 hour rest break, but it may depend what industry you work in, as some industries are allowed certain ‘reasons’ why the rest break can be interrupted when it is absolutely necessary for the Employer to do so. I’d need to know some more information from you regarding what you are describing and what industry you work in. You can e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline

  • Philsalter

    hi. i work in a coffee shop for between 30 and 45 hours each week. Since last summer we have been incredibly short staffed, and hence i have only been able to take 5 days of my paid leave. I’ve accrued a further 14 days paid leave, but on the 1st of April they will all be wiped – and I’ll receive no pay whatsoever. When I started my employment i was told nothing about when to take my holidays (there is nothing in my “contract” about them!) I’ve also had no reminders to take my holiday leading up to this date. Where do i stand legally? Regards, Phil

  • Kathryn

    Hi Lesley

    I understand that Bank holidays are not automatically given, however can my employer make me work over my normal hours for the day if I am having to work the bank holiday? i.e. if I usually do 4 hours on a friday and my employer wont let me have good friday off as a bank holiday can they make me work 8 hours instead of my usual 4?

    Many thanks
    Kathryn

    • Lesley Furber

      Hi Kathryn, this is going to depend what it says in your contract about the hours you work and how your Employer can ask you to work extra hours i.e. what notice they need to give you, is overtime mentioned in your contracted? and how you will be compensated for these extra hours. If you can e-mail me more details about what your contract says I can give you a complete answer. Thanks, Lesley, Workline. e-mail me at workline@freelanceadvisor.co.uk.

  • Julie

    I have been told that I get a % paid each month for my holidays, can you tell me where I might find this on my wageslip please.

    • Lesley Furber

      hi Julie, well it’s difficult for me to tell as I dont’ know what your wageslip looks like or how it is presented. If you want to e-mail what descriptions you have on it (i.e. pay, overtime, anything else) then I may be able to help further. Regards, Lesley, workline@freelanceadvisor.co.uk

  • Hodgkinson_karen

    I have 2 jobs, one in a school working Monday-Friday and a secondary employment in retail sales. Both jobs have worked well together until recently. I used to work 3 evenings and a Sunday in my sales position. Under new management I am being asked to work both Saturday and Sunday as well as a couple of evenings. I do not breach the 48 hour working week but since the change have been working 7 days a week. I have mentioned this in my sales job and often receive the reply ‘you shouldn’t have to work 7 days’ but who’s responsibility is it to make sure that I don’t? I have been working in the school (as my main employment) for 7 years and in retail for nearly 5 years.

    • Lesley Furber

      hi Karen, we’ve updated this WTD article and the new article has a paragraph on this which says – It may be possible to forego your weekly rest break entitlement of 24 hours if you choose to do so, as long as:

      * You do not breach the 48 hour weekly average working limit
      * Provided there is no foreseeable risk to your Health and Safety, and
      * Your Employer has given you the chance of having the 24 hour rest period but you choose not to.

      Although this is technically a breach of the WTD regulations, if your Employers have been informed of what you do and gives you the chance of the rest break, I believe it can be up to you to agree to the ‘breach’ and work 7 days, if that is what you choose to do. The link to our updated article is here – http://www.freelanceadvisor.co.uk/go-freelance-guide/working-time-regulationsworking-hours-rest-breaks-holiday-entitlements-working-time-directive-%E2%80%93-and-bank-holidays/

      Are you happy with the situation as it is? If you want more info then please e-mail me on workline@freelanceadvisor.co.uk. Regards, Lesley.

  • Katie

    I have had a memo from work#!staff are only entitled to take a break when working 6 hours or more, breaks should not be taken at the start or end of 6 hours, they should ideally be taken in the middle where possible, a break has to be 20 minutes and is unpaid, we will therefore be taking 20 minutes per each drivers time card for those working 6 hours or more, for those working less than 6 hours you are not entitled to break periods

    Is this legal and fair!?!

    • Lesley Furber

      hi Katie, yes this is legal, the Working TIme Directive allows for a 20 minutes rest break if you are working more than 6 hours. It can be either paid or unpaid. If you have any more questions please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline

  • Ptrsncol

    worked from 0800 to 2230 was asked to be on site for 0700 next day. would have to have left around 0500 and still expected to do next shift..so in 32hr period only 5hrs sleep time is this legal

  • chriswarden

    Hi, I have recently started working in a brand new establishment. Before we started we signed a 48 hour disclaimer to say we COULD work more than 48 hours per week. Since then we are working 64 hours per week over 6 days. I have asked if i could use the “opt out” option and withdraw the disclaimer, but my employer replied by saying “Yes, but you’ll have to look for another job” is this legal? also we are now working bank holidays at single rate and untill 11.15 every other week again on single rate. I am currently working through the on site agency and feel asif my hands are tied because of the fact it is a agency and am worried im just going to lose my job if i speak up or make a stand

    • Lesley Furber

      hi Chris, from the information you’ve given me above it may be possible to work 64 hours per week without breaching the WTD regulations, but I’d need a breakdown of the actual hours you work to answer this completely (are you getting your full rest breaks between shifts etc). If you read above it says that the “opt out’ you have signed must remain optional and voluntary and you must be allowed to opt back out of this arrangement (by giving the notice your Employer requires you to give, or the legal minimum of 7 days). So, not that is not legal. Re the bank holidays and overtime – there is no legal requirement for you to be paid more than your normal rate; it is entirely dependant if your Employer will offer extra pay. Regarding your weekly hours limit it is the Employer that must ensure you do not exceed the WTD limits, not the agency. If you want any more information do you want to e-mail me, I’m at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Mystry102

    i work on a local council contract for a company called ENTERPRISE.
    we have just lost the contract to a company called VEOLIA to wich we will be tupe’d to in may.
    we have just been informed that our holiday entitlement is to change from 20 days plus bank holidays to 28 days including bank holidays.
    is this legal ?
    it may seem like there is no difference but at the moment i get every bankholiday off,under the new terms,i will have to apply for anual leave and could be refused the time off as the company only allow 3 people off at any one time

    • Lesley Furber

      hi, I’m afraid that we can’t help you much with this if it is related to TUPE, as it’s not our specialism. I suggest you contact ACAS (by e-mail or they have an advice line) – their website is http://www.acas.org.uk/index.aspx?articleid=1655 . Good luck, Regards, Lesley, Workline

  • confused

    Hi

    I work shift work (5 on, 3 off) and have been attempting to work out annual leave entitlement for a while. My entitlement states 165.01 hours which Ive (possibly miscalculated) to just over 20 days a/leave. When using your business link calculator, it comes out as 201.6 hours (inclusive of bank hols). I am rostered to work 5 of 8 bank hols for 2011/12.
    Working bank hols doesnt worry me whatsoever as I see it as a normal day.

    Our HR website states if we are rostered on, we dont get an extra day off but get better pay compensation OR we can choose to have it off. Should we not also receieve an extra day off?

    If we are rostered off, and we choose to still have it off, then we get the day off as planned. If we are rostered off but choose to work it, we then paid compensated with extra pay AND a further day off.

    Im wary about speaking to internal HR about this as am junior management

    • Lesley Furber

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

  • Unsocialsquid

    I am contracted to do 18 hrs per week job share, I have been asked to work extra hours 36 to cover somebody who is on long term sick but have been told I will get paid single time for the hours extra worked but will not accrue any holidays. Is this correct.?.

    • Lesley Furber

      hi, from what you’ve told me above, if you are contracted for 18 hours per week, then that is what your holiday entitlement is going to be based on. Your Employer also does not have to pay you extra, to work extra hours, it is their decision whether they pay you more. If you have any more questions then please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • D Z Gordon

    Work 12hr shifts 3 or 4 times per week. Employer only pays for 11 hours and deducts 2×15 breaks and 1×30 break from my salary. Due to the nature of my job, there are times when having breaks are not possible and my employer is aware.
    Is the deductions right and if so can I claim for the breaks that I don’t have to to the work load?

    • Lesley Furber

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

  • Ben Crowe

    Can you advise, I work 3 jobs just to earn a decent living and don’t mind working 6/7 days a week to do this. But what I would like to no is Im a security guard in a warehouse mon to fri 7am till 7pm and they only pay basic wage but my question as the deduct 45 minutes from my wages every day for my lunch when they no I cannot leave site as Im the only 1 working so technically Im not getting a break is this legal for them to do?

    • Lesley Furber

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

  • Stephalder

    i work in a care home i do 12hour nights and do not get paid unsociable hours is this acceptable as every where else i have worked they do pay a diffrent rate for working nights

    thanks steph

    • Lesley Furber

      hi Steph, thanks for your query. I’m afraid that your Employer has no legal duty to pay you extra for unsociable hours or overtime – it is entirely their decision, and what is written in your contract. As long as they comply with the National Minimum Wage rate and the Working Time Directive legislation. If you have any other queries please e-mail me at workline@freelanceadvisor.co.uk Regards, Lesley, Workline

  • Rebecca

    Hi I work evenings only and as such get an enhanced pay. I have now been told that I will not be getting the enhanced pay rates for holidays, can they do this?

    • Lesley Furber

      hi Rebecca, yes basically they can, their only obligation on pay is to ensure you receive the minimum wage – your Employer can choose whether they pay enhancements for ‘unsociable’ hours etc..  But if this enhancements are written into your contract, then they are changing your contract, so they should consult with you over this change.   If you have any further questions then please e-mail me at workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Cris

     Hi, I work in a coffee shop and months ago they moved me in another shop (same owner and the shops are in the same shopping center). since they moved me they keep asking me to work in both shops as they says they don’t have enough staff. It was fine for me but now I have days when they ask me to work in both shops in the same day. I told them I can’t do this anymore but seems that they don’t care.. What can I do about this?

    • Lesley Furber

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

  • Rob

    hi, i work 48 hours over 4 nights, but when i take holidays my pay is reduced by 4 hours for every 2 days i take as holiday, when queried to my employer they say it is because i work 4 shifts instead of 5 and that i am classed as being part time….is this correct please 

    • Lesley Furber

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

      • Jonathan

        When I went on holiday I left my Manager in charge of the business. He took three unauthorised days off work leaving the business closed so he could work on his car, expecting that I wouldn’t find out.
        His work contract says clearly that all holiday time must be taken by prior agreement and to minimise closure of the business.
        Do I have to give him the thre days as holiday or am I able to deduct his pay accordingly.

        He only admits to taking 2 of the days unauthorised and claims he was at work on the third day.

        One customer and one delivery docket say the shop was closed that day and there was £0.00 taken on the shop till for the first time since the business was started 80 years ago!

        No phone calls were made from the premises that day.

        He is unwilling to provide his Oyster card records to prove he was even in London on the disputed day.

        Do I deduct pay or holiday time?  We are a 2 man business and I can not continue if he thinks he can do this any time I am away on holiday. Business is tight and he is aware of the financial constraints caused by the current economy.  I certainly can not aford to lose three days trading and still pay the expenses.

        Please advise

        • Lesley Furber

          hi Jonathan, I’m going to reply to you by e-mail.  Thanks, Lesley

    • Mia

      You’re NOT a part time worker. You are only classed as a part time worker if you work 30 hours a week or less.

  • Marek87

     Hi! I’m working 39 hours a week in my contract nad that is correct, but sometimes I finish at 10 or 11 p.m. and have to start next day at 7 a.m. . Is that correct according to law? That is really irritated, because I sleep sometimes just 6 hours (2 hours taken to eat somethink, shower etc.)

    • Lesley Furber

      hi, I’m going to reply by e-mail as I have some questions, it may depend on what industry you work in.  Regards for now, Lesley, Workline

  • Chodgson74

    Hi

    I am currently working part time 14 hours for someone who is classed as my employer but gets the money from somewhere else disability allowance to give to me.  I have been there over 6 months and not had an employers contract yet.  Should I have received one?  On a Monday I work 5 and a half hours doing physical tasks in her house but she will not allow me a break.  The rest of the week I work a few hours a day.  I am also not allowed any bank holidays off.  Please could someone help me with what my entitlements are ??

    Thanks

    Caroline
     

    • Lesley Furber

      hi Caroline, I’ve just replied to you by e-mail.  Regards, Lesley

  • Alan Price

    I get 20 days Annual Leave per annum plus Bank Holidays in Lieu. I work shifts, so I sometimes have a day off on a Monday. What happens to my leave entitlement if this day off happens to be a Bank Holiday?
     

    • Lesley Furber

      hi Alan, in theory you should be ‘owed’ a days holiday for the Bank Holiday – but you will need to check your contract (do you have one?) or company holiday policy to see what is says about this.  If you have any more questions then please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley

  • Tired

    Hi I work for the emergency services as a mechanic and partake in a 1 week in 5 out of hours standby rota. Sometimes we are involved in a protracted incident that can go on for days or weeks. During this time the “On Call” mechanic is expected to work a normal 8 hour shift then provide several hours of overtime each night. This sometimes prevents the 11 hours of rest being taken before a shift or a 24 rest period per week or even a 48 rest period per fortnight. In the event the 11 hour rest period is not achieved we are expected to go home until it is met. However this rest is not compensatory and is unpaid. For instance I have just worked a straight 7 days of 13/14 hour shifts. I have been lucky enough to have 11 hour rests each night but will be expected to work this weekend as well. Where do we stand with this?

    • Lesley Furber

      hi, I’m going to reply to you by e-mail as I have some questions.  Thanks, Lesley, Workline

  • vanessacb

    I work as a customer service agent for an airline. There are approximately 300 other customer service agents within the company and we’re all split into language teams. We’re entitled to a total of 21 days of annual leave and if we work a bank holiday we get to take an extra day of leave.
    I’ve been working for the company for the past 2 and a half years and taking leave has never been too problematic, however the company changed the leave policy in January (they have not updated our contracts with these changes) and since then it’s been a real struggle to take leave. Basically only 2 people per language are allowed leave each day (this means that out of 300 people, only 14 are allowed to take leave each day).
    The contract that I have signed, states that for less than 3 days of leave I must give a minimum of 1 weeks notice; the “new contract” however states we should request any leave 1 month and a half in advance and that if the rota is published we are no longer allowed to request leave or cancel leave. 
    I have been trying to request leave but it keeps being declined; I’m not even being picky with the dates, but they claim that every day between now and December (with the exception of one week in October) is already taken. They then emailed the entire office to inform us that it’s our responsibility to take our leave as it’s not possible to carry it over into the next year. I feel very frustrated with this as I have been trying to use my leave but I keep being refused and the only time available to take is not suitable for me. One of my colleague has even been declined a compassionate day for her wedding day! How can I proceed as me and my colleagues feel very annoyed about this? 
    We have tried to talk to the management about this, but they all they had to say was “sorry that you can’t take your leave when you want and need it”. 

    • Lesley Furber

      The best thing I can suggest is that if most of your colleagues are having the same problem then you all write to management (or request a meeting) – unless you are a member of a Trade Union and you could raise that it with them; or you have work representatives who can help? -  and tell them that it is impossible to take your leave and there are a lot of you in the same position.  Employers have the right to ask employees to give notice to take their leave (but they also have to give you notice if they require you to take leave at any point), however 1 and a half months does seem excessive in a lot of situations.  I’m afraid there is nothing in the WTD law for this situation – and I know it happens fairly regularly as I get a lot of queries about the same thing.  Your Employer has no obligation to ensure you take your statutory minimum leave entitlement, only that you are are given the entitlement.  If you’ve got any queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Adria74

    Hi,

    I have question which have been postd already above.I am working in hotel,we have shifts.Sometimes i finish my work at 11.30 pm and start next day at 6 am.Is it allowed?

    • Lesley Furber

      Hi, I’m afraid there is not one simple answer to this, it’s going to depend on various factors.  Whether you are in an industry (possibly) that allows you to forego rest breaks as long as you have ‘compensatory rest’ back, whether there are any Collective Agreements in place which means you need not have full daily rest breaks.  And I’d need to know your overall shift pattern.  If you can send me more information by e-mail then I can help more – it’s workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • http://twitter.com/jostock joan stock

    Hi wondering if you can help with this. i work as a nurse in a communtiy team, which operates a 24 hour rota. The shifts we work are a mixture of 7am-3pm, 1pm- 9 pm and longdays 7am-9pm, with a 1 hour unpaid break. However, those people who do longdays, do so by choice and are not forced into it. Sometimes following a longday, we go onto another early shift, or longday.
     Our employer is now attempting to change our shift pattern, shortening the longdays to 11 hours, with a 1 hour unpaid break and ensuring that we have 11 hours inbetween shifts. They are using the argument that they are breaking european working directives. However, my understanding is that if individuals wish to do these shifts then they can. Am I right, or not?

    • Lesley Furber

      hi Joan, thanks for your query.  This is complicated – it’s likely that as you are a nurse you are covered by an exemption that allows your 11 hour rest break each day to be ‘broken’ as long as you are given ‘compensatory’ rest as soon as possible, where possible.  You are correct when you say that if people wish to not have their full daily (11 hour) or weekly (24) hour rest they are able to do this, BUT, this can only happen if:
      You do not breach the 48 hour weekly average working limit (unless you Opt Out);  There is no foreseeable risk to your Health and Safety, and your Employer has given you the chance of having the rest period but you choose not to.  If you chose not to receive the full rest break then you would therefore not be entitled to compensatory rest.

      The difficulty with this is that your Employer can always argue that there is a risk to your Health and Safety so they won’t allow it to happen – and obviously they are making sure they are never in breach of the WTD laws.  That’s the quick answer – if you want any more information/have any more questions then please e-mail me at workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Karen

    My son is contracted to work 16.25 hours a week but when a
    member of staff was dismissed nearly one year ago he was regularly doing longer
    hours with no set pattern to what he worked. 
    He asked for new regular hours so that he would get the same pay when he
    had annual leave. 

    His manager gave him new work hours working form 12.00 noon
    till 6.00pm (27.5 hour a week) but didn’t issue a new contract. He has been
    doing these hours for the last 6 months but recently he had some annual leave
    and was only paid 16.25hrs a week as that is what is on his contract. Is this
    right?is His manager gave himhh  Hh

    • Lesley Furber

      hi Karen, not sure if you finished the above – but from what you’ve said I would need to know what you mean why you say his manager ‘gave him new work hours’ – was there a verbal discussion about the new hours as that may suffice if there was not a change to his written terms and conditions.  You can e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • jasonmoore1974

    Hi, my mum works as the cook in a nursing home, she does 10 hours a day 5 days a week and a 6 hour day 1 day a week. She has recently been told she is only entitled to a 20 minute break in a 10 hour shift, she’s working in a hot kitchen standing up all the time, is this right for this sort of work ?

    Regards Jason

    • Lesley Furber

      hi Jason, thanks for your comment. I’m afraid that legally there is only the requirement to have a 20 minute break if you work over 6 hours, for her employers are not breaching the law in regards of the Working Time Directive.  If you have any other questions then please e-mail me workline@freelanceadvisors.co.uk.  Thanks, Lesley, Workline

  • otter01

    Can anyone advise me on my circumstances please. We work rotating shifts and are contracted to work the Saturday before each “late shift” commences and I have no problem with that  however the Rota is not a set one it is made up several weeks before and therefore not always consistent.
    So far this year on my team of four, it has worked where I have had to work every single Bank holiday…ok fair enough but am now questioning how legal this is because I worked the Royal Wedding public holiday for a day off in Lieu, I booked that day off in Lieu in advance of the rota being set up for a Friday a month later and found that I was then rota’d to work the next day…bear in mind my colleagues have all had the benefit of every bank holiday feel this to be unreasonable, especially as I then had to get cover to enable me to take a long weekend. I am currently on holiday and this week was booked up several weeks ago taking into consideration the rota and our team of 4 I worked it so I would have full week off…the rota has been bucked and I have to work tomorrow, or get cover to enable me a full week off. Where do I stand here? accept my responsibilities but also expect to take my holiday to be respected. 

    • Lesley Furber

      hi I’m going to reply to you by e-mail as I have some questions.  Thanks, Lesley, Workline

  • Mike

    Hi. I work in a shop that opens at 8.00am and closes at 22.00. According to my boss the law says that I cannot close the shop and then open the next day as I must have 11 hours between shifts. Is their an opt out for this as it means that if I close the shop on a Monday I have to do the late shift all week?

    • Lesley Furber

      hi Mike, thanks for your comments.  Unless you work in an industry or in circumstances that exempts from you from the daily rest period of 11 hours (but then require you get ‘compensatory rest’) – which I would doubt you do as they are usually industries that require 24 hour round the clock service etc (see more details above) but obviously without knowing more I can’t advise exactly – then you do need the 11 hour rest break. 

      However, if you see the paragraph above which says :
      “It may be possible to forego your weekly and daily rest break
      entitlements if you choose to do so (for e.g. you volunteer for
      additional shifts), as long as:

      - You do not breach the 48 hour weekly average working limit (unless you Opt Out – see next section)- Provided there is no foreseeable risk to your Health and Safety, and- Your Employer has given you the chance of having the rest period but you choose not to.- You will therefore not be entitled to compensatory rest.”

      it is possible for you to say you do not wish to have the whole rest break – BUT your Employer must agree to this and often Employers may have a problem with this on Health and Safety Grounds.  So in theory you can Opt Out but your Employer will need to agree.  Hope that helps.  If you have any further questions then please e-mail me at workine@freelanceadvisor.co.uk.  Regards, Lelsey

  • Scooby_dooby_dum

    Good Afternoon
     
    I work in the Security industry and have signed the op out clas to work more than 48 hours a week due to the nature of the work.  Currently I work 12 hours shifts 5 times a week.  My question is related to my Holiday Pay, the company only pays holiday pay for 9 hours not the 12 hours worked, is this related to the fact that after the 48 hours the other 12 hours is classed as over time because I signed the op out clas.
     
     
    Thank you
     

    • Lesley Furber

      hi Scooby Dooby! It’s going to depend what your contract says about what your basic working hours I would imagine, i.e. if 9 hours are classed as normal working hours and the remaining 3 of each shift are classed as overtime.  If you have any further questions then please e-mail me at workline@freelancedvisor.co.uk.  Regards, Lesley, Workline

      • Mizzmint

        Hi Lesley, i have a similar issue. my contract states that my hours of work are 12 hours per day but they only pay me 9 for holidays, the extra 3 are not classed as overtime just normal working hours?

        • Lesley Furber

          Hi, I’d really need to see your contract to see how it is actually worded to be able to help.  If you can scan it in and e-mail it to me at workine@freelanceadvisor.co.uk.  Regards, Lesley, Workline.

  • Mickeymoochops

    I have been working approx 60 hours per week for three years.My employer has informed me that they want to change my shif pattern so that i will only work 48 hours per week,quoting my contractual hours.I have not got a problem with this,although,i have a problem with the wage i will be paid.They have said that they are not prepared to increase my 48 hour week salary to make up for the shortfall for dropping hours.Is this leagl?

    Many thanks.

    M

    • Lesley Furber

      hi M, this is going to depend on a couple of things.  Employers only legally need to ensure you are paid at least the minimum wage so there is no legal reason why they should increase your pay, as long as you are receiving the minimum wage for ALL the hours you actually work (not just your contractual hours).  Also, it will depend what it says in your contract – whether the ‘overtime’ (I presume that is what it is?) is contractual or not and whether they can remove this overtime that you have been working.  If you have any questions then please e-mail me at workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

    • Mickeymoochops

      Lesley,

      Thank you for the reply,i have sent an Email to you.

      Regards

      M

  • Liz

    I work as a student veterinary nurse. Generally I work 9 hour shifts including an hour unpaid lunch break this is either an early day shift 8.30am-5.30pm or a late day shift 10.30pm-7.30pm. 
    I work for a group who have 24 hour hospitals. Sometimes we are asked to cover night duties at the hospital, for example if the night nurse is ill. 
    I have been asked before to work a night shift (12hrs- 8pm-8am) straight after working my day shift, is there any limit as to how long a shift can be and the subsequent break that would be needed? 
    If I’m working a late day shift it would mean I would only have 30mins in between shifts which would be used to travel which would result in me having to be awake for about 22 hours.
    Also we have a choice about pay/TOIL with regards to a night shift. We can either get paid and have the day off after the night shift or we can be paid extra and not take the day off meaning some people chose to work a day shift then a night shift and then another day shift. Surely this is illegal due to not having enough rest or can this be opted out of?

    • Lesley Furber

      hi Liz, I’m afraid I don’t have your e-mail address and I have a couple of questions – do you want to e-mail me at workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Angie Hughes

    Hi,

    My 17 year old daughter who is currently still sudying A levels, has a part time job as a waitress, evenings and weekends, she has currently been given shifts for next week as Friday (6pm till close, approx 11-12 midnight), Saturday 6pm – close and Sunday 9am – close, from my understanding, she is not able to start Sunday at 9am as she would not have had 12 hrs rest and do you think a shift of almost 15 hrs is legal for a 17 year old, she will get a break during the day, this can be longer than 20mins depending on how busy she is. also could you confirm the max hours she should be working based on age and the fact this is part time work.

    Thanks
    Angie

    • Lesley Furber

      hi Angie, generally young people between age 15-18 can only work 8 hours per day and must have a 30 minute break after working 4.5 hours, and yes should receive the 11 hour rest break.  So, certainly the hours they have asked her to work on Sunday do appear incorrect.  However, there may be valid reasons for this – it is difficult to say without seeing any contract she has.  If you want to e-mail me I’m at workline@freelancedvisor.co.uk.  Regards, Lesley, Workine

  • Kitchen worker

    Hi i work in a pub kitchen are they right in say they dont have to give me a contract and exspect me to do the shifts they say on a day to day basis?

    • Lesley Furber

      hi, I’m going to need more information to answer this as I’ll need to know how exactly you are employed, how long you have been employed etc.  My e-mail is workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

      • Maria

        hi have replyed via email look forward to hearing from you .

      • maria

        Still not had email?

        • Lesley Furber

          hi Maria, I’ve e-mailed you twice but I get a mail delivery failure saying your e-mail is not accepting replies from my e-mail – it’s workline@freelanceadvisor.co.uk. Can you clear that and let me know and I’ll resend? Thanks, Lesley, Workline

  • Lynpogue

    I have been given a sicknote for 3 months for a foot operation and cannot do my job as a postwoman,I get full SSP,can I take a holiday and go abroad

    • Lesley Furber

      Hi, have the post office looked into work they could offer you that would mean you are not standing/walking.  They may be fine about you taking holiday but I would advise you tell them this as you probably should be using annual leave entitlement to do that without it causing a problem.  They must have a sickness policy you could look at which may advise about this sort of situation.  Thanks, Lesley, Workline

  • G-sut

    hi there
    i work at a residential care home contracted to work 16hrs per wk although i average 20/25hrs per week

    Q1.our manager wanted us to take our residents away for a long weekend recently but was only willing to pay both staff members 8hrs per day despite working from 8am-10pm + a sleepover obviously…can she do this,this must be illegal(ps there is nothing in our contract of employment regarding this) ?

    Q2.she has also only been paying us for 4wks annual leave(64hrs) in total,iv’e since discovered the law changed in 2009 and increased to a minimum of 5.6 weeks(89.6hrs),is she obliged to pay us the shortfall from the two years she underpaid us?   
     

    • Lesley Furber

      hi, I’m going to need more information from you to answer this fully, but I’m afraid I don’t have your e-mail address, so if you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Basically, re Q1, it’s all going to depend on whether you are receiving the minimum wage for all the hours that you are working (you must receive it for all the hours your work, but not any more); regarding sleep-overs the law on the National Minimum Wage is unclear about this regarding ‘sleeping time’ but generally If you are not working during this sleeping time you should not receive the NMW.  Re Q2. I guess you mean you are only getting 4 weeks pro-rata’d?  You should be receiving 28 days (pro-rata).  E-mail if you have more queries.  Regards, Lesley, Workline

    • Lesley Furber

      oh, sorry forgot to attach this – and this is our new article for Care Workers which you might find useful.  http://www.freelanceadvisor.co.uk/legal-advice/care-workers-what-are-your-rights-at-work/
      Regards, Lesley, Workline

  • klarkadob

    Hi, I am working as a nanny 40 hours + a week over 4 days. What is my holiday entitlement? Is it full 28 days or is it 4 x 5.6 (22.4) as calculated for part-time jobs?

  • Hayley

    Hi
    I’m writing on behalf of my partner, he started his first job in April, he was given a temporary contract and then when it ran out gave him another one he has 66 hours holiday and whenever he asks to take them he’s not allowed he only has 6 weeks left of his temp contract and won’t allow him to have his 4 and half week hols and told him it won’t be paid up at end of contract?? Is this allowed
    also he gets rotas weekly, which aren’t the shifts they took him on, but will text him 3 days before telling him he has to change his hours bosses orders?? Again is this allowed?

    • Lesley Furber

      hi Hayley, if he has holiday that he has been unable to take then he must be paid for this when his contract ends.  Re the rotas/shifts – is there anything written into his contract about his working hours and how and when rotas’ are organised? If there isn’t then there’s not really much he can do about this I’m afraid.  It will depend on what the contract says though. I’ve you got any further queries then please e-mail me at workline@freelanceadvisor.co.uk. Thanks, Lesley, Workline

  • Lcovington77

    Hi,

    I work a shift rota for a Spa/Health clinic. I started back in Feb but to date have still not been given any kind of employment contract, I have asked on many occassions and keep being told it’ll get done but to date still nothing. When applying and being interviewed for the job I was told that the job would be standard admin hours (approx.45) over a 7 day period, so I may have to work Sat and Sun but will have Tue, Wed off. I was also told in the interview that the company always works at giving employees two consecutive days off as much as possible. On these grounds I accepted the job but once I started there has been little evidence of the above happening. At one stage in May I worked a consecutive 10 days with no days off and 90% of those days were between 10-13 hours long. Another regular occurance is constantly being put on late and early shifts which mean finishing at 9:30pm and opening again at 7:30am. I have raised these issues with the owner of the company and at the time she agreed that it wasn’t right but as of last week she hired a new girl and since then has stopped being nice to me and has given me a letter to sign giving me a list of objectives I have to meet and if they are not met then I will be dismissed instantly. This letter was given to me on Friday and when we received our rota late on Sunday night it included two tasks I need to complete that are long and complicated (doing the months accounts for 15 practitioners) and organising and chairing a team meeting. She has asked for this to be completed by 3pm today knowing full well I was off yesterday as I was moving house and has put me down to open the Spa which is somewhere I have no access to the accounts information and no means to retrieve it until 12:30 leaving me just 3 hours to complete said tasks with the threat of dismissal over my head. Is this allowed?
    Also I’d like to know if there is any law that says when a person should be notified of their rota for the week. Regularly we receive it 10pm onwards on a Sunday night which means we have to stay up and keep checking our email to see if we’ll be opening the Spa at 7:30am but also on more than a couple of occasions we have received the rota late on a Tuesday night even though the working week started the day before.

    Many thanks
    Lucy

    • Lesley Furber

      hi Lucy, I’m going to reply to you by E-mail.  Regards, Lesley, Workine

  • Fuzzb

    I have opted out of the 48 hour working rule. I infact work closer to 65 hours a week. I am a salaried employee n my monthly wage if worked out on the hours I’ve worked basis is £3.33 an hour. Is this legal??

    • Lesley Furber

      hi, basically no you should be receiving the minimum wage for all the hours you work, unless you work on unmeasured hours and have a daily average hours agreement.  See our National Minimum Wage page for more details.  If you have any more queries please e-mail me at workline@freelanceadvisor.co.uk.  Thanks, Lesley

  • Fuzzb

    Testing if my earlier comment went through

  • Jana

    Hi,

    I’m trying to find out about any restriction about working hours per day. I’ve started new job a month ago, had a training for three weeks and this week I came to the actual restaurant to work. I wasn’t told that I will have to work ‘double shifts’ on weekly basic. By meaning double shift, they mean 9-cl( which is 1 or 2am) and than start again following day at 12pm-cl, I don’t think this is normal, especially when I’m responsible for all employees and money which in Covent Garden is huge. Can someone advice me what is the best solution?? 
    My contract says:basic hours per week 48h.,I am expected to spread my hours and influence over critical hours as directed by my manager.
    The contract doesn’t say much, but I still do think that this is not right.

    Thanks for any help

    • Lesley Furber

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

  • Ombrexxx

    I work 12 hour shifts(saturday 6am-6pm and sunday 6am-6pm). By what I understand from your website I am only eligible for 20 min break. That can not be right..

    • Lesley Furber

      hi, I’m afraid in law there is not an entitlement to any other breaks, apart from the 20 minutes if you work over 6 hours.  Regards, Lesley

  • Pingback: Advice welcome - Page 2

  • lainey51

    i work every saturday sunday in a care home when i book my holidays  and somebody else of i carnt have them because nobody will cover i get so upset over this is there anything i could do x

    • Lesley Furber

      Hi, I’m afraid there is probably not much you can do about this – Employers can refuse your requests for leave (or request that you take leave at certain times) as long as they give you the appropriate notice to do this.  If one of their reasons for refusing the leave is that they need adequate cover then that would be appropriate.  Can you speak to your Manager/Supervisor and explain to them that you’re not getting holidays and see if they can work something out? Thanks, Lesley, Workline

  • lainey51

    is it legal to have 2 carers on nights we have 20 residents and have to get them all up in the morning and make beds and the beds got to be perfect also we have cleaning and lots laundry to do  x

    • Lesley Furber

      Hi, I’m afraid I can’t help you with this one as we only concentrate on employment law advice – you need to find an organisation that can provide advice on care home standards, i.e. if there are legal minimum staffing numbers required for a certain amount of residents etc.  Good Luck.  Regards, Lesley, Workline….. you might want to read our recent Care Workers article about your employment rights which is here http://www.freelanceadvisor.co.uk/legal-advice/care-workers-what-are-your-rights-at-work/  Regards, Lesley, Workline

  • disgruntled

    hi my employer up to middle of last year was paying all staff 5 weeks holiday, he changed this to 5.3 during the year. if the law stated 5.6 from april 2009 has he been breaking the law

    • Lesley Furber

      Hi Disgruntled, on the surface of it, yes he has been breaking the law.  But it’s 5.6 weeks if you are full-time, and pro-rata’d from that if you are part-time.  If you have any further questions please e-mail me at workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Malky80

     I’m a lorry driver. I’m contracted for 48 hours per week. I’m contracted as Monday to Friday, but due to the length of my shifts, i’m given Tuesdays off. The problem i have is that my employer changes this at the last minute, so i never know for sure until Monday evening, if i’m off or not, which means i can’t make any plans on for Tuesdays. If i am made to work Tuesdays, i end up working right upto the 60 hour limit.

    So my question is, can i refuse to work more than 48 hours? I know that my average has to be 48 hours, but i don’t want to work any more than 50 hours maximum, as i find it impacts on my well being and family life.

    Also, is it legal for them to be telling me on Monday nights that i’m off on Tuesday?

    • Lesley Furber

      hi Malky, thanks for your query.  Firstly have you signed an Opt Out, as if you haven’t then you cannot work more than 48 hours per week, but as you have said, this can be averaged out over your ‘reference period’, which obviously I don’t know what this is.  As I’m sure you’ll know there are specific rules for transport workers and there is a link above, as I’m not too familiar with them myself yet.  With regards to organising your time off, I’m afraid there is nothing in law that I am aware of with regards to the notice they need to give you to schedule working time on/off (not holidays), and I know this is a common practice, so I’m not going to be able to give you any good news here.  I’ve you got any queries then please e-mail me on workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Nas

    Hi Lesley,

    I work for fashion retailer 20hrs a week spread over 5 days doing the morning shift. I’ve been told today that as the staff closing up store have to stay back 15 mins or so unpaid, we all have to do that to make it  fair for them. Are they allowed to enforce this? Thank you in advance for your help.

    • Lesley Furber

      hi Nas, thanks for your query.  It is going to depend what it says in your contract – if it allows your company to ask you to work extra time for no pay when they request it, then this is allowed.  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Kbettyboo

    Hi, I’d like to know if any one is aware of the rights to my husband taking his annual hols (2weeks) in the summer holidays or any other school holiday, to help with child care of our two children. His company has just announced that NO holidays will be authorised in ANY half term.

  • Kbettyboo

    Hi I’d like to know my husbands rights as to taking some of his annual leave(2weeks) in any half term or 6 weeks hols. His company has just announced that NO hols will be allowed at such time and this doesn’t help us as in respect to child care.
    He works over 45 hours per week and does a 9-8pm day over 5 days.
    Help please, they surly can’t do this

    • Malky80

      Can you choose when to take holiday?

      You can ask to take your holiday whenever you choose, as long as you
      give your employer the right notice and take into account certain
      agreements between you and your employer. However, an employer has the
      right to refuse your request to take holiday, as long as they give you
      the right notice at the right time and take account of certain
      agreements between you.

      Your employer can order you to take all or any of your holiday at a
      particular time, as long as they give you the right notice at the right
      time and take into account certain agreements between you.

      The law does not put any limit on the amount of holiday you can take
      at any one time. This means you are not entitled to take two weeks of
      holiday at once, unless your agreement or employment contract says you
      can. This means that as long as an employer gives their employee the
      right notice at the right time, they could make you take your holiday as
      they choose, for example, take every Friday as leave until you have
      used up all of your holiday.

      If you are not sure whether or not an agreement between you and your
      employer affects your holiday rights, you should contact an experienced
      adviser, for example, at a Citizens Advice Bureau.
       

    • Lesley Furber

      Hi, thanks for your comment.  I’m afraid that your husband has no rights to take holiday when he chooses.  His Employer can legally ask him to take leave when they require him to as long as they give him the sufficient notice to do this.  You mention he works over 45 hours per week, has he been asked to sign an Opt Out of this 48 hours per week working limit?  If you’ve got any more questions you can e-mail me on workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Nik C

    My wife is a designer on a freelance contract, which she’s been on for 4 years now, she works 4 days a week 9-5, what, if any entitlement is she entitled to with regards to holidays, sick pay, pensions etc..?

    • Lesley Furber

      hi Nik, thanks for your comment.  This is a complicated question and I would need to know more information to advise correctly.  As a freelancer your wife has limited employment rights and would certainly not be legally entitled to a company pension unless the company offered this.  If she is classed as a ‘Worker’ (see our article Am I an Employee, Worker or a Freelancer) then she should be entitled to holidays.  However, this will depend on several factors.  If you want to e-mail me then I’m on workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • http://www.facebook.com/people/David-Smith/533030610 David Smith

    Hi Lesley, I’ve been looking at holiday entitlement. My job requires me to work any 5 days from 7 as I work in distribution. Bank holidays are treated as normal working days but we are offered either double time and a day in lieu or single time and 2 days lieu, our paid holiday entitlement is 28 days but only after 15 years service. I have been in my job for 14 years in October and am currently given 27 days holiday. Is my employer within the law? 

    • Lesley Furber

      hi David, thanks for your comment.  It’s going to depend if your bank holiday entitlement is given in addition to the 27 days or included in the 27 days.  You are legally entitled to 28 days minimum holiday entitlement (if you work full-time) and this can include bank holidays or not.  So if you get 27 days including bank holidays and are a full-time worker then this is incorrect – it should be 28.  However, if you get 27 days plus bank holidays then that is fine.  Hope that helps.  Please contact me at workline@freelanceadvisor.co.uk if you have any further questions.  Regards, Lesley, Workline

  • Alan Price1965

    Lesley,
    A while ago I asked for information regarding bank holiday entitlement on top of the annual leave entitlement in my contract of employment. Would you be able to get back to me again so I can give you the confidential specifics in C of E? Sorry for not getting in touch before, been kind of manic!
    Thank you,
    Alan.

    • Lesley Furber

      hi Alan, e-mail on its way to you.  Regards, Lesley, Workline

  • Marzena

    Hi
    Could you give the legal basis for the statement the employer
    will pay the holiday pay at the same rate as the normal pay,please?

    • Lesley Furber

      hi Marzena, you’re going to need to clarify what you mean as I don’t understand what you need.  E-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • RAVEKRIS

    hI
    I HAVE A HOLIDAY BOOKED ABROAD FROM 26TH AUG FOR TWO WEEKS. THIS TWO WEEKS WAS ONE WEEK ANNUAL LEAVE THE OTHER WAS A WEEK AUTHORISED ABSENCE BY MY MANAGER AS PREVIOUS TO THIS I HAD MY ENTITLEMENT SO I DIDNT QUALIFY FOR 2 WEEKS ANNUAL LEAVE. SINCE THEN I HAVE GONE SICK FROM 10TH AUG FOR 3 WEEKS UP TO 31ST AUGUST. WHAT ARE MY OPTIONS, DO I GET SICK PAY INSTEAD OF MY WEEK AUTHORISED WITHOUT PAY OR CAN MY EMPLOYER COUNT MY 2ND WEEK AS AUTHORISED ABSENCE WITHOUT PAY INSTEAD OF HOLIDAY PAY

    • Lesley Furber

      Hi, thanks for your comment.  If I’ve understood you, the 2nd week was to be unpaid but authorised?  If you are off sick then you should get sick pay for this week.  However, will you still be going on holiday?  If you want to e-mail me, I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Oanaalexandra_oprea

    hello! My name is Alex, i have got a question, i hope you can help me with: If i am working as part time with a company and i am also studying abroad in Romania and i really need to go there to have my exams, i have already complete an holiday form on 1 august to get my holiday at 25 aug so i can travel there but they never agreed, they ask me to change my form starting from 1 sep, i have done that only to get the approvement. the question is how can i prove them that i have the right to take at least 5 days off for school? i will really appreciate if you can help me.

    • Lesley Furber

      Hi, thanks for your question.  I’m afraid you don’t have a legal right to take the time off when you want it, your Employer can ask you to take the time off when they want you to.  However, have you got any paperwork confirming your exam dates, so you can show this to your Employer, as proof that those are the dates you need to be away?  Regards, Lesley, Workline

  • Vishal jose

    Hi,I am working for a care home as a Bank care assistant. I heard that as a bank staff , we are authorized to get annual leave or the same amount of money . I am working daily and works more 20hours per week and some time it prolong to 50 hour per week. My care home denied  my annual leave and even though they mentioned in my appointment letter that i have annual leave of 5.6 weeks Pro rata per year. I have been working there for last nine months and till now i didn’t offer any annual leave. could you please guide me and give more details to sort out this problem…….

    Vishal Jose
    Northampton

    • Lesley Furber

      hi Vishal, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

  • Bridgetb

    Hi. Im entitled to 23 days holiday a year, i work 4 days a week (same shifts every week) when i took a weeks holiday in july my employer put it down as 5 days. He said they need to be counted this way so i could get my holiday pay. WHY can anyone help me.

    • Lesley Furber

      Hi, thanks for your question.  It’s difficult for me to tell what he means, it maybe their payroll system.  Do you mean you have actually ‘lost’ 5 days then instead of 4?  If you have any more questions you can e-mail me at workine@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • sunil

    hi
    iam sunil, m dng three different jobs so it will be around 67 hours per week as it was told one should have 11hrs break between the shifts but only one day in a week there is no break of 11hrs between the jobs but iam happy with my jobs but  only thing is it against the law ? can i continue with it? please help me out

    • Lesley Furber

      hi Sunil, you can continue with this if your Employers are happy – you must tell them all that you working over 48 hours per week in total and that you are choosing to forego your rest breaks.  This is permittable as long as it is not endangering your Health and Safety at work (you are not getting too tired and not doing a potentially dangerous job) and your Employers agree and you should ask your Employers if you can sign an Opt Out so you agree to work over 48 hours per week in total.  Hope that helps.  Regards, Lesley, Workline.

  • Mandy Graham17

    Hi, I am a part-time nurse working in the NHS and I am required to work some weekends and on calls.  I thought that being part-time I would do less weekends and on calls than my full time colleagues but I have ben told that basically it is down to the discretion of the person working out the shifts, is this right?

    • Lesley Furber

      hi Mandy, thanks for your query.  There is certainly nothing in the Working Time Regulations about how shifts and on-calls are worked out, but I would expect them, from a common sense point of view, to apply equally to all types of staff in a fair way.  There is legislation for Part-Time Workers that doesn’t allow part-time staff to be treated less favourably than full-time staff.  Whether this practice would be considered under this legislation would depend on various factors, is it less favourable.?  If you are being paid extra for the weekends and on-calls it could be seen to be in your favour, as you may be receiving more pay for these shifts over the year, pro-rata’d than your full-time colleagues.  hope that helps.  If you have another query you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Matt

    Hi.

    I currently work for a bank on a 24/7 12 hour shift rota in
    4 teams of 4 people. Most of these shifts cover Mon-Fri and at weekends the
    shifts split down to 2 people and cover various weekends. This is a fixed shift
    rota and it works out that we work 2 weekends in every 8 weeks.

    My Manager has announced that the shifts will be reduced from
    4 to 3 people per shift ( the 4th was a contractor, the other 3 are permanent)
    To enable us to cover weekends the rota has changed from an 8 week to a 12 week
    rota. This means now we will be working 4 weekends in every 12, an additional 4
    weekends per year then we are currently working. In addition to this my
    employer has stated out of the blue that we are not aloud to take holidays at
    weekends and have to shift swap.

    My contract of employment doesn’t state that we can’t take
    holidays at weekends and we have been told by our manager that this is an
    unwritten rule. One of my colleagues recently over heard a conversation between
    managers that they didn’t allow for a overtime in their budget to cover
    holidays at weekends, hence why they have forced this rule on us.

    We have engaged our HR department on this and they confirmed
    they have not heard of this unwritten rule and we have a meeting set up with
    our manager and HR to discuss further.

    I was wondering what are our rights to booking holidays at
    weekends as these are part of our normal working week? Also what are our rights
    for our manager to increase our working hours by 4 weekends / 8 shifts a year
    without an increase in salary?

    Regards

    Matt

    • Lesley Furber

      hi Matt as this is a long query I’m going to reply by e-mail as I will have some questions.  Regards, Lesley, Workline

  • Michelle

     if you only work for 15hrs a week what is the entitlement for your holiday a year?

  • Jeffreyawellis

    I work an hour less on Monday than the other days of the week. Some of my work colleagues have their I hour less day on Friday, not Monday. On a week with a bank holiday Monday, am I entitled to claim that hour in some form – as I will work an extra hour more than my colleagues otherwise. Thanks

    • Lesley Furber

      hi Jeffrey, I have some questions so I’ll reply on e-mail.  Regards, Lesley, Workline

      • Lesley Furber

        hi Jeffrey, I’ve just had an e-mail message failure for your e-mail address.  Could you e-mail me at workline@freelanceadvisor.co.uk so we can continue this conversation? Thanks, Lesley, Workline

  • Jane

    I work 13 hours a week for my employer and these hours are on a Monday and a Friday. As Bank holidays fall on a Monday my employer says that I must use my holiday pay if I want to receive payment for Bank Holidays that I can not work on as the business is closed, this doesn’t seem fair to me. As I only work 13 hours a week my holiday entitlement does not fully cover all the hours that I missed as a result of the many Bank Holidays that we have had this year.

    • Lesley Furber

      hi Jane, thanks for your query.  From what you have told me above, this is allowed.  There is no legal requirement on your Employer to pay you for a Bank Holiday that you have not worked.  As long as you are getting the full entitlement of 28 days pro-rata’d to your actual hours of work? If you’ve got any further questions please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • P52boyd

    Hi, at the moment I’m working “bank hours” in a care home.  On speaking to HR department for this care home, HR mentioned my period of notice is at the discretion of the manager and yet my colleagues, whom I work with, say I can leave at a moment’s notice and yet others say I have to give one week’s notice?  Any guidance greatly appreciated.

    • Lesley Furber

      Hi, thanks for your query.  This article contains details of the notice periods you and your Employer need to give each other legally, unless you have a contract of employment that requires longer notice periods.  Depending on how long you have worked there you will probably need to give a minimum of 1 weeks notice, unless your Employer requires more.  http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/  Hope that helps. Regards, Lesley, Workline

  • Warrenem4

    Hi,
    Was wondering if u could help me?
    I work in a food producing factory from mon – fri 6am – 2.30pm and have a letter from the factory manager confirming these hours.
    The problem is the manager has now decided to put us on an overtime rota and expects us to attend work on a Sat and Sun at his say so.

    My work contract states …

    Although as much notice as possible will be given, there will be times when it is necessary to work overtime at a very short notice and it is a condition of employment that you are willing to do so when requested.

    For longer-term overtime, then overtime may be offered, volunteers asked for or requested for additional hours agreed to. The Company does, however, reserve the right to use other resources to fulfil staffing requirements. Once an employee has agreed to work overtime, then he/she should treat this as a “normal” working day with regard to notification of absence and start times.

    Overtime will only be paid for work in excess of 40 hours per week.

    Any variation in the above, due to position or contract will be notified to the individual in writing.

    I am not against doing overtime and I understand the needs of the business but am against being dictated to as to when I am to do it, also I had an accident in work 10 months ago which resulted in me damaging the PCL and the ACL ligaments in my right knee, the company have admitted liability for the accident and i am supposed to be on light duties whilst I wait to go for the operation to fix this in Dec …. so my question is, based on the above information …..can he do this?

    I look forward to hearing from you,
    Kind Regards
    Mark. 
     

    • Lesley Furber

      hi Mark, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

  • Claire_80

    Hi, i recently took a 2 week holiday from work which was agreed by my boss however on return to work he has decided that i shouldn’t have had 2 weeks off and he is now only going to pay me for 1 weeks holiday, the other week has gone down as unpaid leave. Can he do this? I’ve been with the company over a year and have not took any other holiday this year.

    • Lesley Furber

      hi Claire, thanks for your comments.  From what you have described, basically no your Employer cannot do this.  Your Employer can tell you when he wants you to take your holiday but he needs to give you appropriate notice to do this.  However, if you have a contract have you checked it does not say for example, that only 1 week can be booked at any time.  You need to check any paperwork you have just in case that is in writing somewhere, in which case what he has done may be allowed. If you’ve got any further questions please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Jess Anderson1231

    Hi I’ve been off work for 12 days, booked time of as holiday- I am supposed to be on holiday pay till today ( Tuesday) but I foundout yesterday (via Facebook would u believe!) that work have changed my last days holiday to my day off WITHOUT my permission and without my knowledge! So now, they state I have to work Wednesday thursday Friday And Saturday! Saturday was supposed to be my day off! I’m so upset what can I do!?’

    • Lesley Furber

      hi Jess, it’s all going to depend on what your contract says whether this can be done or not., in terms of how flexible your shift patterns can be etc.  I’d need to some more information to help you more so if you want to e-mail me at workline@freelanceadvisor.co.uk, please do.  Regards, Lesley, Workline

  • margaret

    hi i work for a local authority care home where they are about to change rota system working extra weekends and changing shift pattern leaving less than eleven hours between shifts is this legal

    • Lesley Furber

      hi Margaret this may be allowable if you work in a sector that needs 24 hour continuity of service, which you probably do, but you would need ‘compensatory’ rest back for the portion of the 11 hours rest that you have no received. Have a look at our new article for Care Workers and their Right.  If you have any further questions then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • http://www.facebook.com/people/Russel-Slatcher/580378638 Russel Slatcher

    Need a bit of advice please! I work in the retail sector of a large gambling chain. Me and my co workers have been told we can no longer do a evening shift (finish 10pm) and then open up next morning (08.45am) as there is only a break period of 10 3/4 hours and not 11 between shifts and would be breaking the WTD. This is causing major headaches all round as some people are on permanent evenings now and its really not fair. No one has any issues with having a 10 3/4 hour rest but the managment are sticking to the WTD of 11 hours. Is there anything we can do? All advice greatfully recieved!

    • Lesley Furber

      hi Russel, thanks for your comment.  You can choose to forego your daily rest period (as long as there is not a workforce or collective agreement in place by your Employer that specifically says you can’t) as long as your Employer has given you the chance to have your 11 hours rest and that there are no health and safety implications by you not having the full 11 hours rest (and you would not get ‘compensatory’ rest back for the time under 11 hours you did not receive).  However, as this is technically a breach of the Working Time Regulations your Employer would have to agree to you wanting to do this – therein will be the problem I expect! You can certainly go back to your Employer as say (as individuals) that you are happy not to have the full 11 hours and see what they say. Good luck.  If you’ve got any further queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Chrislean55

    hi, can you help, i am on a 20 hr contract but have worked more 40 hrs a week for the past 3 yrs.
    my holiday pay is based on 20hrs, can they keep me on a 20hr contract indefinitely and make me work over 40?

    • Lesley Furber

      hi Chris, I’m going to reply by e-mail as I have some questions. Regards, Lesley, Workline

  • Jay-h-19

    Hi, yesterday I travelled a half hour ferry journey both ways, in total 1 hour, travelling to and from a job, I’m entitled to an hour lunch each day, would this hour on the ferry be classed as my lunch hour? Cheers jay

    • Lesley Furber

      hi Jay, was the ferry journey because you were travelling for work on business, if it was, this would be classed as working time.  If it was travel for you to get to and from work then it’s not counted. So that answer is going to give an answer to your question I think – you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • mani

    Hi…….m working 5 days a week..31.50 hrs per week… From past 3 years i hav been getting 20 holidays.. I asked my employer about 28 days but they said our company doesnt give 28 holidays. All the full time workers who have been working at my place from last 10 years get same 20 dats holidays!! I want to know if it is legal or not!

    • Lesley Furber

      hi Mani, everyone is entitled to 28 days holiday if they are full-time (pro-rata this if you are part-time).  However these 28 days can include bank holidays.  So if you are getting 20 days holiday plus 8 days bank/public holidays then this is correct.  If you are not getting the bank holiday entitlement on top of the 20 days they you employer is acting illegally.  If you have any questions please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • emmas

    if you finish work after public transport has stoped for example till 1am , does the company have too pay for transport?

    • Lesley Furber

      Hi, as far as I understand it there is no legal obligation on your Employer to provide transport for you after public transport has stopped, although the Health and Safety Executive does advise that Employers take the safety of their employees into account in these circumstances.  If you have any further queries you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • POD

    Morning,
    My son was underpaid by his employer by 21 hours and having to pay £100 travelling to and from his employment he explained to his boss that he really couldnt afford to be down on his wages.  His boss kept promising to resolve the matter for him and it has taken 2 weeks to resolve.  Being unable to afford to travel to work because of the shortfall are his employers liable for his 2 weeks that he wasnt able to go in?

    • Lesley Furber

      Hi, thanks for your comment.  Although very unfortunate I don’t think the Employers have any legal obligation here – your son is only legally entitled to payment for when he is actually at work and ready to work (unless the Employer has asked him not to be there or he is on holiday or sick leave etc) and it is ultimately your son’s responsibility to get into work.  See our article here about being paid when you are unable to get to work – http://www.freelanceadvisor.co.uk/go-freelance-guide/pay-and-wages-pay-cuts-protection-from-unauthorised-deductions-from-your-pay-2/ .  I would advise your son to ask his Employer is he can take those 2 weeks as paid holiday instead (or at least 1 week) and hopefully they may be helpful as clearly they are mostly at fault that he could not get to work.  If you have any further questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Markcoops

    Hi,
    does my employer have to pay me a minimum set of hours for a days work?

    • Lesley Furber

      hi Mark, I’m going to need more detail to be able to answer this – like how many hours do you work, what are you being paid for etc.   You can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • richmcdonald

    does the 4 hour minimum still apply.

    if the agency worker is sent home by the place of work because of a mistake by the agency ( agency sent 20 people when only 10 were wanted ). is the agency obliged to pay a minimum 4 hrs because of their mistake.

    rich

    • Lesley Furber

      hi Richard, I’m not familiar with the ’4 hour minimum’ in law so this may be something that the agency offers?  It’s really going to depend what is in your contract, about when they have to pay you.  if you want any more info you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

      • Richmcdonald

        I was under the impression that this was part of the temporary working time directive.

        3 years ago i worked for a company that often used temporary staff. if we called for agency cover then had to turn the people away (for whatever reason) we had to pay a minimum 4 hours regardless of which agency they came from.

        3 years on I’m now on the other end. 

        i was working on a casual basis for a “royal” company, all casual work transferred to an agency after the end of my casual contract.

        the agency sent me a letter saying i could easily transfer.

        before I made any contact with them, I got a call from them at 2pm on monday this week, asking if I could do a 5 hr shift at 5pm ( plus a 5 hr shift the next day)

        but I’m not on your books yet, i said.

        no problem, I’m transferring on the system now, was the reply.

        ok, i go to work at the same place i’ve been for the past 9 months at the required time.

        20 people arrived but only 10 were on the list. my name was not on the list therefore i was turned away by the supervisor.

        I received no warning from the agency, neither did I receive any call from them to apologise for the mistake or even to cancel me for the shift the next day. thus turned away again.

        surely there is legal responsibility on the agency’s part, otherwise what is to stop them calling 50 people in when only 5 are needed (why should they care, they’ve supplied the 5 needed)

        thus the 4 hour rule to stop agencies “maliciously” using people

        • Lesley Furber

          hi, I’m going to reply to you by e-mail.  I’ve never heard of the 4 hour rule, it’s certainly not in the Working Time Regulations.  Regards, Lesley, Workline

  • parkal

    Hi
    Back in Feb I submitted a request for a week’s holiday in Oct.  It was approved and on the basis of that we booked a holiday cottage in Scotland.  Now my boss is insisting that I go to a meeting on the Tues and Wed of the oct week, effectively ruining our holiday.  Can he do this?  What are my rights?

    • Lesley Furber

      Hi, you’re going to need to check what your contract of employment says about this type of situation – but in law your Employer does have the right to instruct you when to take holiday as long as he gives you the appropriate notice, which he looks like he has done.  So, legally there is not much you can do about this I’m afraid, but check your contract to see if it includes such circumstances.  Regards, Lesley, Workline

  • James

    Hi,
    I have been with a company for 7 months. I recieved a promotion within the first month and was told i would be on a 6 month probation, remaining on an hourly rate but would be rewarding with a salary after.

    I have now completed the probation but they want me to sign a new contract and agree to a new probation, saying thats just their system but im uneasy as this gives them the right to terminate me with only a weeks warning. I have yet to sign the contract but theyve already changed my pay to salary. If i refuse to sign the new contract and remain on my old one can i be disciplined? And what are mt rights?

    • Lesley Furber

      hi James, often companies reserve the right to extend probationary periods, but to put you a new one because of a new job is more unusual.  Legally, your Employer only has to give you 1 weeks notice anyway (regardless of whether you are on a probationary period or not) if you have under 2 years continuous service.  However, Probationary periods do not give you Employer easier ways to dismiss you (as they have no legal basis), they must still follow the correct Disciplinary and Dismissal procedures as they would at any other time and for anyone else.  I’m not sure therefore it would be in your benefit to not sign the new contract.  If you’ve got any further questions do you want to e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sam

    Hello I was wondering if you can help me, I’m looking to find out about my statuary sick pay rights. I work full time 40hours aweek 5days aweek Monday to Friday, n I’ve been off work for 5 days so one working week and I’m off next week too but my boss says I don’t get paid til after 3 days so I’m only being paid 2 days this week and I’ll get 5 days nexts but I thought you get back dated to be paid a full week? Who is right?

  • Ann

    Hello,

    Please can you advise me regarding a friend of mine who works for a Multi – National company in Saudi Arabia. We booked to go on a cruise together in October, however, he came to the UK for a holiday in July, and become ill. He is hoping to return to work in the couple of weeks, but I am wondering about our cruise. He does not think he can now take this holiday, are there any regulations about this?

    Many Thanks

    Ann

    • Lesley Furber

      hi Ann, it’s all going to depend on what his company policy is on sickness, holiday etc – he needs to talk to them to find out.  Employers legally have the right to instruct Employees when they can and can’t take holiday (in UK law anyway).  Regards, Lesley

      • Ann

        Hi Lesley,

        Thanks for your help

        Ann

  • Kate

    Hi,
     
    Please can you help.  I work on an hourly paid basis Tues – Fri 9am – 18.30 & Saturday 7am – 12.30pm.  I do not work Mondays.
     
    I have a holiday allowance of 20 days.  Am I entitled to more or do I lose the other 8 days because I don’t work on a Monday when the bank holidays fall.
     
    Also the company deducts 1 days holiday from the staff if they have taken 10 days or more unproven sick or days unpaid.  Is this allowed?
     
    Thank you

    • Lesley Furber

      hi Kate, are you regarded as working full-time – if you are then you are entitled to a legal minimum of 28 days holiday including bank holidays.  Even if you do not work on a bank holiday you must have a pro-rata holiday entitlement for them.  With regards to deducting the holiday – it’s going to depend on what your overall holiday policy is – it could be allowed, if they offer more than the statutory minimum entitlement to holidays.  Staff should not take unproven sick leave, after 7 days they need a fit-note from a GP.  If you’ve got any more questions then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Andysingleton13

    Hi im a support worker and i work nightwakings from 10-8 twice in a row every fortnight but then the day after my two night wakings i will have to continue to do my late shifts which is 10am-10pm and then followed by 7am -3pm the following day I have to take 3 buses a day to work and that takes over 1hr .
    With the working time directive how can I have a better rota as im so tired all the time.I work a 37 hr contract with vunerable adults

    • Lesley Furber

      hi Andy, I’m not sure what you mean by ‘nightwakings’ – do you mean 10pm-8am, do you mean on-call? and then you go to work at 10am?  If you can give me a clearer picture of your shift patterns then I should be able to help.  You can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • X_bellatrix_x

    Hi, I am writing on behalf of my partner. He works for a local supermarket, doing 12 contracted hours a week and then any overtime available.

    However, when he started he was asked if he was willing to work Saturday’s, starting only as overtime but later on was told these hours would be added to his contract.

    It is a year later and he is automatically put on every Saturday shift but only as overtime, it is still not on his contract.

    The main problem is that if he needs a Saturday off, he has to request a holiday a month in advance. Is this right? Especially seeing as he doesn’t accrue holidays from overtime?

    • Lesley Furber

      Hi, thanks for your query. Basically, the Employer can set what rules they want to regarding the notice they need for holiday requests; there is nothing in law about that.  If you’ve got any further queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley

  • big—-bopper

    hi, could you tell me if you can be forced to work your break, i work for a company where you are entittled to a 40 minute break but employees are expected to work through on a daily basis

    • Lesley Furber

      Hi,  legally you are entitled to a 20 minute break if you work over 6 hours.  There are no other legal entitlements to a break during your working day though.  If you have any further queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Guest

    Hi, 

    I’m currently receiving SSP, could you tell me if i’m entitled to my normal pay for Bank Holidays or should i just receive SSP for Bank Holidays?

    Thankyou

    • Lesley Furber

      Hi, as far as I understand it you can ask to take this day as a Bank Holiday (so you are using one day of your holiday entitlement while on sick leave) and should be paid for this at your normal rate as well as receiving SSP – see the section above about receiving statutory holiday entitlements while you are off sick.  Regards, Lesley, Workline

  • Gkelly1990

    Hey, I work pro rota for a restaurant but latly its changed and now instead of saying 11 till 5 it says 11 till send basically they tell us when we finish is this legal. I’m contracted for 25hrs but sometimes work 40

    Gemma

    • Lesley Furber

      It will depend on what your contract says (if you have one) with regards to being asked to work overtime – if it says you can be asked to work it then this is acceptable.  Hope that helps.  Regards, Lesley, Workline

  • jamiem1976

    Morning, I work a shift pattern which means i get 8 hours rest between shifts (6.00-8.30am then 4-10pm for 2 weeks). I was forced to opt out of the working time directive (signed as a group not individual) but i am finding it hard due to a lack of sleep between shifts and i’m constantly tired. We work 2 weeks on/2 weeks off. Can i opt back in so i get 11 hours rest without being asked to change roles onto a day shift and giving up my rolling rotation hours?

    • Lesley Furber

      Hi, well basically the Opt Out is only relevant to the 48 hour weekly working hours limit, you cannot Opt Out of any of the rest break provisions – unless your Employer has a workforce/collective agreement in place which says the rest break provisions need not apply.  As you said you signed it collectively it sounds like this is what you might have signed; you should have signed an opt out for the 48 hour weekly limit as an individual.  You need to go back to the document you were asked to sign and see what it says and whether there is a way to ‘opt’ back into the 11 hour daily rest period.  If you have any further questions then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Guest

    There has been a structure change where my wife works and basically there are now two teams of 8 and 9 people. However the staff have been told that there can only be one person off at any one time. Now most of the staff have kids so inevitably most will want to book two weeks off during the school summer shut down to have their family holiday but this means that only 3 people on each team are going to be able to book 2 weeks during the six week school summer holidays. Can my wife’s company do this.The management have said if there is any arguing regards this then they will only allow 1 week maximum to be booked for each employee as holiday during the six week school break!!!!! Also what if soemone goes long term sick for 3 months does that mean no one can book holiday whilst these people are off.

    • Lesley Furber

      Hi Simon, well basically Employers can specify when their employees take their leave, as long as they give them the proper notice periods (see section above).  With regards to long term sick leave, you wife needs to ask the Company about this and what they will plan to do.  Hope that helps.  Regards, Lesley, Workline

      • Guest

        Thanks Lesley…thought that might be the case but it still sucks. Basically if me my wife and daughter want a two week holiday abroad or anywhere again for that matter whilst my wife is in this job then we have to take our daughter out of school and run the risk of a fine from the LEA. It doesnt help either that they are not allowed to book holiday between 1st Dec and 4th Jan!!!!

  • anonymous

    Hi, I am working on a no hours contract, as a support worker. I am on shift from 5pm til 10.30pm, then i have to sleep over at work, then work from 7-8am and then finish my shift. I am paid an hourly rate from 5-10.30, and for my hour in the morning, and a set amount of £30 for my sleepover. I was woken by a young person and had to provide support to them for 2 hours, between my sleeping hours of 10.30pm and 7am, yet I have been told by my boss I am not entitled to extra pay for these 2 hours I was awake for, so i will just get the standard £30 sleep over rate. Is this allowed?

    • Lesley Furber

      Hi, if you haven’t seen it here is Workline’s article for Care Workers – http://www.freelanceadvisor.co.uk/legal-advice/care-workers-what-are-your-rights-at-work/

      Basically, as things stand with the National Minimum wage legislation at the moment (which is not 100% clear) you need to be paid at least the NMW while on a sleep-over, only for the hours when you are actually awake and working.  So, unless you worked more hours you would not be due more money (£30 certainly covers the 2 hours you worked).  But I would also check your contract to see how this sleepover amount is described, is it a ‘wage’ etc.  Hope that helps.  Regards, Lesley, Workline

  • mel

    if my boss wants me to go on any courses,does he have to pay me for the im i am there?

  • Steven McCabe

    Hi, my employer states in my contract I must work at least 2 bank holidays a year, the thing is I’m part time and the days the holidays fall on I’m not contacted those days. Would I still have to work them? Here’s another question related to this, I’ve worked 1 holiday this year and I couldn’t do the next one so I swaped shifts with someone, would that count that I have done 2 since I did their shift?

    • Lesley Furber

      hi Steven, it’s going to depend what your contract says about part-time workers and whether you need to work on a bank holiday you wouldn’t normally be working (your Employer is within his rights to request this bank holiday working).  When you say you swapped shifts, I presume you mean to a non-bank holiday? Again you’ll need to find out from your Employer whether he would class this as working on a bank holiday or not.  If you’ve got any further queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley

  • Craiglbagnall

    I no longer can do shift work for family reasons.

    As my employer got to accommodate me or can they say tough your staying on them?

    Thanks

    • Lesley Furber

      Hi, thanks for your comment – it’s going to depend entirely what it says in your contract in terms of whether the shifts you work are contractual or not.  But you should always ask your Employer and explain your situation to them, and see if they can accommodate this change or not.  If you’ve got any further questions then please e-mail me at workline@freelanceadvisor.co.uk  Regards, Lesley, Workline

  • Captain_toasty

    Hello,

    I have worked in a Hotel for many years. The shift pattern generally runs as follows:
    3pm – 11pm    -    Sleepover     –     7am – 3pm
    This is repeated several times a week. I am not allowed to leave the property when Sleeping Over as I am not only “on call” but also there for Health & Safety reasons (We have 1 night porter, but need 2 people minimum in the Hotel at all times).

    I am paid a monthly salary for the shifts that I work but am not paid anything for the hours spent on sleepovers. I have done some research into the matter & have calculated that the total of the hours I work plus the total hours sleeping over, when multiplied by the National Minimum Wage, exceeds the salary that I am being paid.

    My questions are:
    1) Am I just entitled to the NMW for all hours worked + sleeping?
    or
    2) Am I entitled to be paid NMW for sleeping on-top of my salary?
    or
    3) Am I entitled to my Contracted Hourly Rate for sleeping?

    4) How far back can my claim go?
    5) What can I do if my employer refuses to recognise my rights?

    Thanks
    Simon

    • Lesley Furber

      hi Simon, thanks for your comment.  The National Minimum Wage is not 100% clear about on-calls or sleep-overs, but the research I did recently for Care Workers (which I think would apply to your situation too) say that the National Minimum Wage only needs to be paid during on-call/sleep-overs when you are actually awake and working; so if you are actually sleeping the NMW does not need to be paid.  You are of course entitled to at least the NMW for your other ‘normal’ working hours.  You wouldn’t legally be entitled to your contracted hourly rate for sleeping (the law is only concerned that the NMW is paid).  If you have any further queries (as obviously I dont’ know your hourly rate of pay etc) then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Dave210480

    Hi
    Me & my missus both work for the same company (i am a manager in a different store). She suffers from Cystic Fibrosis & about 2 yrs ago due to health reasons she dropped her hrs from 37.5 (FT) to 30 (PT.)
    She agreed with her then manager that she would work 4 days of 7.5hrs p/week (any shift, any day, nothing set except the number of days.)
    However now she has a new manager who is wanting her to work the 30hrs over a 5 day week. It as also come to light now that when her hrs were changed 2 yrs ago she was put onto a flexi contract working 5 over 7 (still 30 hrs.) However she never got a paper contract & nothing was ever signed.
    The new manager has also mentioned going onto consultation!!!
    Now as a manager in another store I was on a conference call recently with the other manager & a HR rep for the company. The HR rep said at one point when questioned about part timers, that if a staff member had been doing set hrs/days for a extended period of time while on a flexi contract that the hrs they were doing would become their contract &  could not be put onto consultation! Is this correct? is it law?

    The main thing I think we need to get across to her manager is that when she was FT she would be off sick for a week or 2 every couple of months with chest infections etc, however since reducing her hrs & having 3 rest days a week her sickness has become a lot less frequent, so surely this benefits our company?  

    There are also 2 other staff members in the store that do 30 hrs over 4 days. Now these 2 staff members aren’t as flexible as the missus & alternate weekends off between them & tend to work only certain shifts due to having children. But the manager told my missus that as she has changed their hours to over 5 days she has to do it to her too. However if she does these hours due to health reasons surely they can’t force her to work 5 days? Would this not be descrimination against the disabled? ( she is certified as disabled, has a blue badge & claims DLA)??

    Any help would be much appreciated as she is stressing about it & am worried she will make herself ill

    Thanks

    • Lesley Furber

      hi Dave, I’m going to reply to you by e-mail as I have a few questions.  Regards, Lesley, Workline

  • Angelaslater31

    my wages were due on a non working weekday and was told i could not have these till my next working day is this correct 

    • Lesley Furber

      hi Angela, it’s entirely up to your Employer when they decide to pay you, although of course they need to do this at regular intervals.  If you have a contract, what does it say about the date you are meant to be paid? Regards, Lesley, Workline

  • Raggydoll552000

    My employer has just informed me that I need to save holiday to cover bank holidays that I would have worked on a normal day. We have never opened on bank holidays or been paid for the same. We are still not opening on bank holidays. I now have to use 47 hours of my total annual allowance of 109 hrs to cover bank holidays. This is almost half of my annual leave. Add to this I work a four week rota and work 30hrs week 1, 20hrs week 2, 14hrs week 3 and 14hrs week 4. My allowance after bank holidays leaves me 62 hrs so I am left with possibly a fortnight’s summer hol and 12 hrs which is not even 2 shifts. Surely this is wrong? 

    • Lesley Furber

      hi Raggydoll, thanks for your comment.  Is your Employer (assuming you are full-time) giving you your full 28 day holiday entitlement (that includes Bank Holidays?).  As I’m not clear what hours you are actually contracted for, do you want to e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley

  • Christowalkero

    I am about to start a dedicated relief poaition where I am guaranteed 30 hrs a wwek but the hrs are 12 hr shifts so 3 days takes me over that. My company is asking me to do 5 or 6 days a week and I have refused to sign an opt out as I only want to do 48 hours a week as a permanent thing. My employer are insisting on 5 days a week meaning 60 hours and thats too much! What cannI do and am I right to assume that they cannot force me tO do 5 days at those hours or refuse me the job as I havent signed the opt out?

    Thanks

    • Lesley Furber

      hi, thanks for your comment.  You are correct your Employer cannot insist you sign an Opt Out of the 48 hour working weekly limit, it must be a voluntary thing you agree to.  They cannot also make you suffer a ‘detriment’ because you refuse to sign it, and this would include refusing you the job.  However, at that point all you can do is complain to an Employment Tribunal so I suspect that’s really not going to be of much help!  One option could be to sign the Opt Out now but then request to Opt back in at a later date (the Company may have their own notice periods that you need to give to Opt back in, or they may use the statutory notice periods) – but obviously that could be messy too!  You are correct, but I’m afraid there’s not an easy solution to this.  If you have any more queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley

  • Feety

    Hi

    My husband has been put on short time of 24hrs per week. His employers intend to pay him for his usual 40 hours per week and intend to ‘bank’ the remaining 16 hours for when they get busy again. Is this legal?

    Thanks, Feeks

  • Willow

    Hi,

    I have worked 20 hours a week (evenings) for the NHS but my job became redundant on 16th September. I did a 4 week trial on alternative employment (days) which turned out to be unsuitable due to health reasons. My employment ended on 16th September.

    When I started the trial I was informed by 2 supervisors that I was entitled to a 20 minute break. I queried this as I only worked 4 hours a day and asked them to confirm this with my line manager. She confirmed this so I duly took a 20 minute break each day.

    I have now received my final pay slip and have had £15.54 deducted for WTD Pay. I did not ask for a break and I was not informed that I would not be paid for this break. Can they do this? 

    Many thanks for your help,

    • Lesley Furber

      hi Willow, when they said you were ‘entitled’ did you think they meant you had to take it or you could take it? And obviously they didn’t say it was going to be paid?  You’re going to have to go back to your ex-Line Manager and explain this situation to them.  The 20 minute break you are entitled to if you work over 6 hours a day does not have to be paid. Are you sure the deduction was for this or for something else? You need to have a conversation with your Manager to sort this out.  Regards, Lesley, Workline

      • Willow

        Hi Lesley,

        Thanks very much for your reply. When I looked at my wage slip properly, I noticed that I also had a deduction of £128.99 and when I phoned Payroll about this it turns out that they had made a mistake and deducted my accrued holiday pay and the WTD was also to do with this.

        So, all is well.

        Thanks again

        April

  • Freelance freak

    When a company has a policy of giving TOIL rather than overtime pay (except where overtime pay is approved by managers) and an employee has worked 1 hour more than the full working week after 3.5 days on the job, but then is off sick for the rest of the week, should the TOIL be calculated as 1 hour for that week (i.e. calculated on a weekly basis), or >11 hours (i.e. calculated on a daily basis)? I realise that there are problably no hard and fast rules on this, but would like to be able to discuss this with  some idea of what is common practice.

    • Lesley Furber

      hi Freelance freak!  You are right in the sense that it’s going to depend on company policy of your TOIL but I would expect the sick leave to count as a ‘normal’ working day.  is there a company policy on TOIL you can check? Regards, Lesley, Workline

  • Glenn Rowe

    Can any one help me I work in retail and have been working 25 hours a week for over 2years can they change my hours I am on a zero hour contract

    • Lesley Furber

      hi Glenn, I’m going to reply to you by e-mail.  Regards, Lesley

  • Sarah1000

    I am a manager for a pub chain and we work 10 hour shifts.  I have opted out of the 48 hour rule but we generally work 48 hours a week.  Sometimes a shift may finish at 1am and then I may be expected to start again at 7am the next day.  Is this acceptable or am I still entitled by law to have 11 hours between shifts?

    • Lesley Furber

      hi Sarah, thanks for your query.  If your Employer is exempt from giving you the 11 hour rest break because you work in an industry that needs 24 hour continuous service (which I doubt) or your Employer has a collective agreement in place that exempts then from giving you the 11 hour break, then the answer is yes should have a 11 hour break between shifts, where this is possible.  Do you work over a 17 week reference period do you know? If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Rai

    hi.i’m working 4 on 4 off 12.5 hours shifts.we use to have 8 bank holidays,but this year my emploee saying we only enttile to 6 bank holidays,because they worked out by hours that 8 bank holidays x 8 hours=64 hours / 11.5 my shift hours is about 6 days.and we do not get any extra bank holiday this year for royal weddings

    • Lesley Furber

      hi Rai, from what you’ve said that might be ok – it’s quite normal to calculate holiday/bank holiday time in terms of hours you work… however you say 12.5 hours then 11.5 hours so I’m not sure which is correct? If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley

      • lobsterclaw22664

        I wonder if you can help me. If someone is contracted to do 42 hours a week are they entitled to be paid for 42 hours as holiday pay or can the employer pay them for only 38 hours?

        • Lesley Furber

          hi Lobsterclaw, it’s going to depend entirely what is written into your contract, i.e. what is contractual.  If for example you are contracted for 38 hours per week but work 42 because of overtime that is NOT written into your contract then you are only due 38 hours worth of holiday entitlement.  However, if you are contracted to work 42 hours per week then you should receive that amount of holidays.  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sue Costello

    I wonder if you can help me.  My contract states that I have 20 days full pay sick and 20 days half pay.  In July I was off for 17 work days after being diagonised with arthritis in noth knees and my hip.  I eventually had cortisone injections and returned to work a week earlier than my certificate stated.  This bought my sick leave up to 24 days so was paid accordingly on half pay.  I was called in today by my line manager (IT director) who informed me that as sick pay is discretionary I will not be paid any sick leave (if taken) until my 24 days are cleared.  We work on a rolling sick year and I did have 7 days off previous to this sick period.  Can they do this?  I thought that it was discretionary after the 20/20 days had been used up and I know for a fact that other people within the company have had far more time off and been paid full pay.  Many thanks for any help

    • Sue Costello

      I do appologise I have just seen I have posted this in the wrong thread but I cannot delete it.  I have re-posted in the correct catagory

      • Lesley Furber

        hi Sue, thanks for that, I’ve got the other post now so I’ll reply to that.  Regards, Lesley, Workline

  • Whatsername

    I have a query about hours from one shift finishing and the next one starting, I work as a staff nurse in the NHS and have recently returned back to work following 5 months off sick due to an operation. Prior to being off sick we did late and early shifts. The late shift finishing at 21:30 and the early shift starting 7:00. Before doing the shifts was tiring as not all shifts was I finishing at 2130 sometimes 2230. Which means there is only 8 and a half hours between shifts. I know that other members of staff have mentioned this to unions in the past and I have no idea what has been said. I can not see anything in my contract that states anything about rest periods. Plus since being back at work, I agreed with my line manager and HR that I where possible my shifts would be changed so I was not doing these shifts together, but since being back at work full time I have been doing the shifts and have mentioned it to my line manager and nothing has been resolved. 

    • Lesley Furber

      hi whatsername, thanks for your query.  As you work in the health services it is very likely that your Employer is covered by the exemption for industries that need to provide 24 hour continuous services.  Therefore, that means if you are not able to get a 11 hour break between shifts you can be owed the rest (from the 11 hours) that you did not get as ‘compensatory rest’ which you should get as soon as is practicably possible.  Is this happening? Since returning to work have you discussed your health with your manager, re your recent operation as this really should have happened to.  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Robert

    ive been given 5 weeks notice at work so how long am i allowed off per week to look for work

    • Lesley Furber

      hi Robert, thanks for your message.  I’m afraid there is no timescale set out in law – you need to ask your Employer how much time off they will give you.  Good luck, regards, Lesley, Workline.

  • Kate

    Hi,
    Hope I am at the right place, can you help me with this problem.One of my daughters is a care assistant in a home for mental health problems, she worked all shifts last christmas,christmas eve,christmas day,boxing day, in fact worked christmas eve, then did a sleep in and worked all christmas day, she has asked her manager to see the rota for this year,and stated she would not want to work this christmas day to be with family as she totally missed last year.Her very unpleasant,very unobliging,manager has told her she is not putting out the christmas rota until a week before christmas, can they do this.that to me is very unfair,people do have a life outside work

    regards
    Kate

    • Lesley Furber

      hi Kate, thanks for your question.  There is, I’m afraid, nothing in law that requires an Employer to give a certain notice period for shift patterns as far as I can find but you would expect an Employer to act reasonably.  Employers however do have an obligation to give notice if they require an employee to take their leave at a certain time. If you’ve got any further questions then do e-mail me.  Regards, Lesley, Workline

  • Emma Sells

    Hi 
    I work shift patterns in my current retail job and sometimes i have to work overnights, from 9pm till 8am. 
    Do i get a sleep day? As my manager says that my day of is actually when i finish my overnight shift. 

    • Lesley Furber

      hi Emma there is no provision for a ‘sleep’ day but you must have 11 hours rest between shifts before returning to work; unless you work in an industry that is exempted from needing to give this rest beak (which in retail you shouldn’t be).  hope that helps.  Regards, Lesley, Workline

  • V8

    In real world there ain’t no “opt-out”, they offer you a job 60hrs / week, if you don’t agree, they take someone else who will, that’s all folks…

    • Lesley Furber

      hi V8, I understand what you’re saying. If you suffer a ‘detriment’ though (like not being offered the job) then if you choose to you can take the Employer to an Employment Tribunal.  The way law is, if it is not being followed, then it’s up to the person who ‘suffers’ because of it to pursue the matter; or not.  Lesley, Workline

  • Phillip Hopkins

    My wife works for the Social Services as a Social Care Officer and is often required to work two 6-hour shifts on the same day. 8am – 2pm and then 4pm – 10pm. As she works in re-ablement, she is required to drive to many different areas, sometimes as much as 40 miles away from her base of operations.

    This means that she may have to finish work at 2pm, arrive home at 2:30pm and then have to leave for the next 6-hour shift at 3:30pm, in order to reach her first client at 4pm. Quite often, she has to do these double-shifts and then follow up the next day with a single shift which can commence at 8am.

    With the amount of driving required, surely this is not enough of a break. She has been told that she has to finish and start her rota at the assigned clients’ homes, as per her working schedule.

    I am very concerned that she is too tired to be driving and is putting herself and others at risk.
    I would like to know what, if any, are our options?

    Thank you.

    • Lesley Furber

      hi Phillip, thanks for your message.  There is no particular law about split-shifts, the only law about breaks (apart from  the 11 hour rest break between finishing work one day and starting the next) is that she should have a 20 minute rest break if she works over 6 hours in one day.  It may well also be the case that because she works in Social Services they are covered by the exemption that is allowed to those industries who provide 24 hour services (see above). The Working Time Regulations are there for primarily health and safety reasons though so her tiredness is something she should raise with her Managers or Trade Union if she is a member.  If you’ve got any further queries do you want to e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Mat

    Hello, I work 12h shifts 4 days on 4 days off. When I calculate 5.6 weeks x 3.5 shifts as it is shown on the government’s website, I should be entitled to 19.6 hour shifts of annual leave (20 days) per year. The question I am trying to answer is whether that includes Bank Holidays or not. It says on the website that employer can include Bank Holidays but I am not sure if it’s in relation to 5-days a week pattern all generally all, including 4 days on 4 days off. I am not sure if I can claim an extra day off for each bank holiday my shift falls on. Can anyone advise please? Regards.

    • Lesley Furber

      hi Mat, thanks for your message.  The Bank Holidays (which can or cannot be included in the 5.6 weeks) applies to everyone, on a pro-rata basis.  You need to ask your Employer what your holiday entitlement is and how they have calculated it.  If you’ve got any further queries then e-mail me at workline@freelanceadvisor.co.uk.  Regards, lesley, Workline

  • Mamficat

    My partner has a rolling shift pattern of 4 on 5 off, 5 on 4 off and 5 on 5 off.
    His employers have told him that he is only entitled to 13 days holiday a year and that he is only entitled to have a bank holiday day back if he works it.
    Can you advise if this is legal

    • Lesley Furber

      hi i’m going to reply to you by e-mail as I have some questions.  Regards, Lesley

  • Gately169

    Hi,

    Is there an existing Scottish Law/UK Law that states that you must be allowed a certain length of time before finishing at 5pm to tidy up your worshop? For instance i am a mechanic & the work i do can be quite dirty & therefore a clean up is required before i leave work.

    • Lesley Furber

      hi Gately, thanks for your message – not that I aware of I’m afraid.  Regards, Lesley, Workline

  • G Songhurst

    Hi don’t know if any one can help me out but my place of work had to close for a day for new carpets to be fitted should I still get paid for my shift that I couldn’t work

  • Futoria

    Hi, in the past i have worked a few extra hours over christmas as well as being paid holiday pay for these days, my employer tells me they can no longer do this as it is now illegal!?
    Also they tell me it is against the law to carry over more than two days holiday allowance into the next callendar year…are they right!?

    • Lesley Furber

      hi Futoria, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

    • Lesley Furber

      hi again, I’ve tried to e-mail you but I’ve got an e-mail delivery failure.  This is what I said: “Hi – which bit is your Employer saying is illegal – working a few
      extra hours or being paid holiday?  If you can give me a few more
      details so I can understand what you mean. 

      With regard to your 2nd question – the situation regarding carrying
      over holiday entitlement is (from Workline) -  ”

      There is no legal obligation that the first 20 days holiday
      entitlement, if unused, should be carried forward into the next
      leave year, unless you have been off sick (see below). The
      additional 8 days holiday entitlement can be carried over into the
      next holiday leave year, if unused, with your Employers agreement.
      Your Employer may choose to allow more than 8 days to be carried
      over though”.  So I doubt it is illegal but it is your Employer’s
      decision.  Regards, Lesley, Workline”.

      You can always e-mail me at workline@freelanceadvisor.co.uk  if you have any questions.

  • http://www.facebook.com/people/Fiona-Whitworth/1155422886 Fiona Whitworth

    Hi I am 17 and have worked at a local pizza takeaway since August 2010 (I was 16 at the time of starting).  When I first started I worked a number of hours unpaid whilst in training and then the first shifts up to £40.00 were unpaid and I was told I would get this back when I left after working one weeks notice.
     
    I work 2 nights a week usually around 4.5-7 hours depending on the day, for a 4.5-5 hour shift I get £15.00 £25.00 for 6 hours and £30 for 7 hours. 
     
    I have worked every week since starting other than some unpaid holiday and a couple of times when I have been ill. 
     
    I wanted to check my position as my employer is nasty to the young workers and often sends us home at short notice or cancels our shift at the last minute.  Also when requesting time off for holiday or study leave he threatens to sack us. 
     
    At no time since starting have I ever received a contract ,payslip, rest break or paid holiday  I have tried raising these issues with my employer numerous times and he just tells me to leave if I don’t like it.  Jobs for my age group are few and far between so I am reluctant to leave. 
     
    On top of all this my employer rings me at short notice to work and I have never let him down.  Is this fair treatment?  What are my rights?  I have looked on direct.gov.uk and it states the minimum wage I should receive and entitlement to paid holiday but does this apply if I don’t have a contract?
     
    Please help, there are currently 3 cashiers aged 16/17 and 18 who desperately need our rights setting out so we can put these to our employer. 

    • Lesley Furber

      hi Fiona, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

    • Lesley Furber

      hi Fiona, I’m afraid don’t have your e-mail address so could you e-mail me as I have some questions.  It’s workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sha

    hi…can my employer make me work on days i have booked off? (which he had granted When i requested these days off months in advance)

    • Lesley Furber

      hi Sha, it’s going to depend partly what your contract says about this.  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Bcrab32

    hi just a quick question with the rule

     ” you must have 11 hours rest between shifts before returning to work ”

    does this include travel to work , or is it the start and end of your shift.

    thanks in advance

    • Lesley Furber

      hi, thanks for your question.  It doesn’t include normal travel to work, so will be from the end of your shift to the start of the next one.  Regards, Lesley, Workline

  • Potsy10

    is it ok for an employee to work from 6 in the morning until 2 the next morning on certain days of one particular week, as long as when they finish their shift they get their uninterrupted 11 rest period and they do not exceed 48 hours a week over a 17 week period?

    • Lesley Furber

      hi yes in theory I don’t think there is anything in the legislation that stops that happening – but it is going to depend how safe it is to do those hours and how often you do it during an average week.  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sam Simpson1

    Hi. I work as a community carer. I have no contract as the company I work for says that cannot give regular hours. My working week varies from 24-50 hours,with a range of split shifts..for example morning teatimes and bedtimes. Recently the time I get finished at night has got later and later it’s now around 11.15 when I get home and I’m up again at 5.30 the next morning to start work for half 6. I have tried asking my employer to change this as the strain myself and my co workers are under is very great as we spend a huge proportion of our day behind the wheel of a car which in my opinion is very dangerous as we are not getting enough rest to sleep. Does the 11 hour rest break apply to my job sector? I did read about split shifts but quite often hour shifts merge with the next one we are to do eg:morning goes into lunchtime.

    • Lesley Furber

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

      • liam

        I’m wondering if i could get an answer on this. My gf is in a very similar situation, except she is contracted for 39 hours per week. 

        It is all shift work, an hour here then maybe an hour off and back to work (recently they stopped paying her for travel time). If she doesn’t meet these hours they call her up, often with about an hour notice and say she must work some extra shifts to make up her hours, is this legal? Also almost everyday she finishes at 10:30 and starts at 8. Recently they have also stopped paying her for travel time also, im trying to get her to find a new job but she assures me most of these companies are the same. im not sure if what they are doing is legal but it certainly isn’t fair and its putting a lot of strain on us. 

        • Lesley Furber

          hi liam, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

  • Tracie A1

    Hi, can anyone tell me, my husband works for a window cleaner, he has a contract for 40hrs mon-fri 8,00am-4.30pm, 28 days holiday (including bank holidays).  The problem i would like help with is this, if the weather is bad he doesn’t get paid unless he makes up the hours weekends and if he only manages say 3 days a week, it effects his holiday entitlement.  Can anyone tell me if this is right, either he has a contract with 28 days per year or he doesn’t?  To me he might as well be temporary?

    • Lesley Furber

      hi Tracie, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

  • Madison

    Hi im just wondering if you can help me my employer pays us monthly on the last thursday therefore some months we receive five weeks wages. December 2011 is a five week month but our employer would like to only pay us four weeks and give us the fifth week in January 2012. This is because the company that does our payroll will be shut during the christmas period and will be processing our wages earlier than usual. Is it legal to do this? is there anything i can do to recieve my wages at the right time. I live hand to mouth and have never owed money, i do not own credit cards and have never had an overdraft. The company i work for did this last year but it was only a four week month meaning i recieved 3 weeks wages. Since then i have paid £900 in bank charges as i went really overdrawn and have gone overdrawn every month since, i have had an overdraft added to my account which i have never needed in the past and i am now constantly struggling to stay within the overdraft due to the extortionate bank charges. I do not know how i will manage if they do this again.

    • Lesley Furber

      hi Madison, thanks for your query.  Do you have a contract that specifies when you will be paid and for how long? You need to check what it says to see if your Employer has the flexibility to change this if necessary.  Is there any way you can talk to your bank to explain to them what is going to happen to see if you can reduce some of the charges?  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Sdescombes

    Hi i have worked in my present job for almost 9 years about a year ago or so  was part of a tupe to another company.  I had opted back in to the 48hr working week  whilst under my old employer ,it was agreed i would work from 7.30am to 4.30 pm due to commitments at home,a young child and partner also working .Since working under the new company i have had a breakdown due to being under a great deal of stress ie to much work that i cannot sometimes finish all my jobs by 4.30 when am due to finish, and then get home to look after my child so my partner can go to work.They dont seem to listen or care and I feel like they are delibertaley trying to make me leave or have another breakdown what can i do they just dont seem to get it i am the only person who has not opted out or sighned their new contract.

    • Lesley Furber

      hi, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Ian Lane

    Hi I have to take 5 days holiday at christmas as part of my annual leave, which I get paid for. But I also have to work on these’s days either just being on standby or out on a job if called out. Am I intitled to any extra time off because of this? I have 28 days a year including bank holidays.

    • Lesley Furber

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

  • Gemma

    If i was suspended on full pay whilst a step two disciplinary was being investigated, should i be able to reclaim holiday which was pre booked?

    • Lesley Furber

      hi Julie, did they actually say anything to you about the holiday, like you can’t take it? You should have the holiday entitlement you were unable to take if this was the case.  if you have any further queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Julie

    I have worked for my company for just over 15 years, Originally this was a monday to friday contract but over the years was changed due to hour changes and role changes to 5 over 7 mon – sun although i still never worked saturdays or sundays. back in 2008 my contract changed again due to having to reapply for my position. Shortly after I had a consultation to say i had to work or be seen as working saturdays but could opt out of sunday working.

    I now have a new manager who has made me sign papers to the effect that as from a months notice i have to work Sundays, I am not sure if anything was documented in the consultations with my previous store manager. I understand all new employees are contracted to work Sundays but this wasnt the case wtih myself.

    Please advise

    Thanx

  • Miles

    Hi Lesley

    I work as an Engineer providing maintenance to a major supermarket chain. I work a standby rota where I’m on call 24/7 1 week in every 4. This means I can work a full 8 hour normal working day, Mon to Fri, but still be called out at any point up to my start time the following day.
    How does the 11 hour rest between shifts ruling work in this situation? We are allowed to take rest time but we are expected to call in and say how long we wish to take. There is nothing in my contract that specifies the amount of rest time allowed. Some people seem to get away with taking the full 11 hours while others are frowned upon for taking more than 6 hours. There is nothing in my contract about averaging hours either, just that we have to work 40 hours a week over 5 days.
    Any help would be apreciated.

    Thanks

    Myles.

    • Lesley Furber

      hi Myles, I’m going to e-mail you.  Regards, Lesley, Workline

  • justanothercompanyslave

    Hi ,

     I have worked for a large electronic high street chain for 2 years now, and am contracted for 20 hours. Up until this time I worked a 3 day week, usually split evenly, and alternating saturdays and sundays. This week I have been given the next two weeks rota (very short notice as far as Im concerned- since I have to make any time off requests 1month in advance- they should be able to supply me with my working hours in the same time frame) … anyway – getting back to my point … 

    Coming into their peak period now, my working days/shift patterns have changed to 4 shorter shifts rather than 3 reasonable days! Since I work 22 miles from where I live – and with the rising cost of fuel – and since Im on minimum wage – it is actually going to almost double my traveling costs per week ! 
    My question is … since I have been working similar 3 day shift patterns for 2 years now … can they make these changes ?

    • Lesley Furber

      hi, thanks for your query – it’s going to depend partly on what your contract says about your hours and if you employer has the flexibility to change the shift patterns/hours you work each day etc. Have a look at your contract.  If you have any further queries then you can e-mail me at workline@freelanceadvisor.co.uk.

      • justanothercompanyslave

        Thank you for your reply … I will dig out my contract and check. 
        Regards

  • needthesimplethings

    i have a 30 min break at work in the middle off my 8 hour shift for which i get paid, it takes me approx 2.5 mins to walk to and from my work area to the canteen, my question is should my total be 30mins or 35, 25+5 or 30+5?

    • Lesley Furber

      hi, basically you are allowed by law a 20 minute break if you work over 6 hours and this is usually unpaid.  Any break you have should be away from your work station, so the fact that you have to walk to the canteen will not be important.  Regards, Lesley, Workline

  • Bernadettemangham

    my contracted hours are 28.30 a week can my employer make me work longer without asking or if i dont want to

    • Lesley Furber

      hi Bernadette, it’s going to depend on what your contract says, if the Employer has the flexibility to increase your hours of work or ask you to work more when necessary.  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • poorman4

    Hi
    I work 6 hrs on a sunday for a company and dont get paid any extra for public or bank holidays. If i say i am on holiday i get no pay. I seem to be just above the minimum wage. Do you think i am therefore paid pro rata for my 5 days entitlment per year?

    • Lesley Furber

      hi Poorman, thanks for your query.  Do you have anything in writing, a contract? Without seeing what you’re being paid I can’t tell.  If you want to e-mail me I’m at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Guest

    Hi,
    I work in retail and entitled to 2 days off per week. Is my employer allowed to count a Bank Holiday as one of my days off?Thanks a lot for your help! 

    • Lesley Furber

      Hi, quite possibly, as you are legally entitled to 1x 24 hour period off in every 7 days (or 2 x 24 consecutive periods in every 14 days) so you are getting above the legal entitlement.  What does your contract say about it? You can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • dthomson501

    HI

    I have one main day job and another part time can I get holiday pay from both jobs

    • Lesley Furber

      Hi, yes you can, if you are classed as a ‘worker’ for the purposes of the Working Time Regulations for your second part-time job.  Regards, Lesley, Workline

      • Dthomson501

        Thanks for the quick reply, I wish I had asked you a while back.

        You have resolved a doubt that was becoming a nuisance. 

        :-))

  • Charlie_pickford

    Hello,

    My company has recently employed a clocking in and out scheme.  We have been notified that if we are late, even if we clock out late and do our hours plus more hours than contracted, then we are still docked pay.  I travel a long way to work and if there is an accident on the motorway for example, I could be pretty late on rare occasions.  This would mean I would be docked a few hours pay even if I stayed late, made up my time and clocked out late.

    Is this legal? If not, is there anyone that I can contact about it?

    • Lesley Furber

      hi Charlie, I’m going to e-mail you as I have some queries.  Regards, Lesley, Workline

  • Michelleabery

    Hi, I work 6 part time days a week, I get 28 days holiday a year, as i have to take 6 days holiday a week to get a weeks pay, I am therefore only entitled to 4.4 weeks holiday a year which is less than everyone else I work with, is this correct? Also I was recently off work for 7 weeks after having an operation, I did receive stat sick pay, after being back for 4 weeks I took a weeks holiday, I didn’t get much pay for that week as they work my pay out on an average of 12 weeks hours, they did not count any of my sick in with that even tho I got payed for being on the sick, is this correct?

    • Lesley Furber

      hi, I’m going to reply to you by e-mail as I have some queries.  Thanks, Lesley

  • Kaybee

    Hi I have saved 12 hours of holiday and recently put in a request to take them in December, my supervisor has told me that I will have to lose them as we were told that no holidays will be granted after 30th October is this right will I have to lose them or should I get the pay for them instead,

    • Lesley Furber

      hi Kaybee, thanks for your question.  Basically the position is that there is no legal obligation that the first 20 days holiday entitlement,
      if unused, should be carried forward into the next leave year, unless
      you have been off sick for a considerable period of time . The additional 8 days holiday
      entitlement can be carried over into the next holiday leave year, if
      unused, with your Employers agreement.  Therefore if your Employer will not let you carry them forward you will lose them as there is no right to be paid for untaken holiday either, unless you are leaving the company.  Sorry I can’t give you any better news.  If you’ve got any further queries then please e-mail me at workine@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Jo

    hi
    i work as a support worker, i work 40 hours a week and at least 2 fifteen hours shifts. 7am-22pm. i start work at 7 am the next day. i only get a half hour break in 15 hours. is this legal

    • Lesley Furber

      hi Jo, if you are classed as a shift-worker or where you work they provide 24-hour cover, then it is likely that you are exempt from having the 11 hour daily rest break.  However if you cannot get 11 hours rest between finishing and starting work the next day (you get 9 hours?), then you are ‘owed’ 2 hours to be taken as compensatory rest as soon as possible.  Re the rest break, you are only legally entitled to a 20 minute break if you work over 6 hours. From what you have told me, it sounds like your Employer is acting within the Regulations, however, if you have any questions then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Dannypinchard

    Hi, I work 60 hours per week (5 x 12 hour shifts), I do one week days and then 1 week nights, how long of a break should I get?
    Thanks, Dan.

    • Lesley Furber

      hi Dan, if you work in an industry/job that is not exempted from daily and weekly rest breaks (see above) then you are entitled to a 11 hour break between finishing work and starting work the next day; a 20 minute break during your 12 hour shift; and 1 day (24 hours continuous) off per week – or 2 days (48 hours contiuous) per 2 weeks.  If you are working 60 hours per week then you should have signed an Opt out form agreeing that you will work over 48 hours per week.  If you’ve got any further queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Dayem Family

    Hi, I wonder if someone can help me. According to my contract, I’m working four days a week 9 months a year and five days three months a year. However, my employer has a right to ask me to work more, and this year I will have worked five months full time and seven part time, i.e. four days. I have been given a holiday of 22 days which I feel is wrong but not sure how to calculate my holiday entitlement because of irregular working patter.
    If you can help I would be most grateful.
    Thanks.

  • BABA

    Hello, I am working in a company in which i never get paid on time. I work hard and that why when they need 3 people on the shift they put me only so that they know i could cover them easily and they  font have to pay more people. As previously we been paid on every Friday morning as BACS but now the pay slips comes on Saturday and they are paying us on Saturday, Sunday & Monday via Cash in hand and pay slips shows that its been BACS. We are undertaken by a company via TUPE LAW and according to my contract my pay will be transferred every Friday into my account but when i asked the manager he neglected it and got angry on me. What should i do now??

    • Lesley Furber

      hi BABA, does your contract give the flexibility for your Employer to alter your date/method of payment. If it does then your Employer can do this although obviously he should tell you about this.  If you’ve got any further queries then please e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley

  • Richard

    Hi, I am currently working full-time and want to drop to part time. After lengthy discussions with my line manager regarding my need for less time in the intense environment at the moment, I was led to believe by my manager that this would be ok, and meeting ajourned with ‘I’ll call around and find you a position based on the hours your require within the company, don’t worry’.

    I have been pulled in the office this morning and given the ultimatum of staying as I am or quitting. I am currently trying to get a copy of my contract (of which I’ve not seen in my 6 years of employment there) to see if these issues and events have been detailed/outlined.

    Do I have any weight behind my case? It’s a Catch 22 of need, I need the job security and money, but I also need less time there for my sanity and to develop my ambitions. I already am a ‘yes’ man that goes above and beyond the cause consistently, and am constantly pestered on my days off (effectively just working from home!).

    As a separate issue that also partly explains my need for part time: the more I put in, the more they expect…to the degree that if I just work to my normal job description, I’m told I’m under performing and my job is in jeopardy (I have the highest sales figures for the company across all stores in the south). The pressure and the fear put into me each day is what makes me feel I HAVE to answer the phone/txts on my days off otherwise I am ‘the guy letting the team down’.

    Unfortunately, my management is a ‘lads club’ that seemingly have the power to do what they want, so any advice from a unbiased point of view would be greatly appreciated.

    Kind Regards,

    Rich.

    • Lesley Furber

      hi Richard, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • adam

    hi just a quick question about night time working for drivers i am led to believe if you work any time between 12am and 4 am you are classed as a night worker meaning your maximum working time in these 24 hours is 10 unless you have a colective aggrement  in place but upto the maximum of 12 hours my main questions are say if i have a break of say 45 mins for taco law can i now go on to 12 hours 45 mins or must the 12 hour rule include this break i know there is a 15hour law for day workers which after 15 hours breaks included  they have to stop asap and have the minimum say 9 hour break hope you can understand what i am trying to say thanks adam

  • Steve

    Hi. I’ve been working at a manufacturing company for over 20 years. In this time the period between Christmas and New Year has always been a paid holiday at the company’s discretion. Not once in over 20 years have we been asked to work the days between 25th December and 1st January but for the first time this year we’ve been told that if we don’t hit a certain target we will have to work on the Wednesday and Thursday in between. My question is this, my contract states that I will be advised of the Christmas holidays by august of the same year. If I’m being told at the end of November are my employers breaching my contract and do I have to work these 2 days? Any help in this matter would be very much appreciated, thank you.

    • Lesley Furber

      hi Steve, if your contract says that about Christmas holidays and there is nothing else in the contract about your Employers flexiblity in asking you when to work/take holidays etc then it does sound like a breach of contract.  I would advise you read the whole contract through to be sure.  You can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Andrew

    I am a fulltime employee  in a warehouse and am entitled to 28 days holiday of which consists of 25 days accred and the remaining three days i have to use bank holidays worked. My question to you is do i have to take the 28 days by law or can i say for example have 19 days holiday during the year, not get paid for the six not taken (which i am not worried about) and have the company pay me for the 9 lieu days i worked through the year and not take the 3 as holiday?

    • Lesley Furber

      hi Andrew, basically no you do not have to take the full 28 days if you don’t want to.  However, your Employer has no legal requirement to pay you in lieu (unless your contract says differently) – legally your Employer only needs to make payment in lieu of untaken holidays if you leave the company or have been unable to take the holiday because you have been on statutory sickness leave, or statutory maternity/adoption/paternity leave..  Hope that helps.  Regards, Lesley, Workline

  • Hyalusbank1

    Hi,
    I am a Police Officer in Scotland and I am getting an operation on the NHS.  I have been advised that I have to take annual leave for any consultations and for the operation itself.  I will be off work for around three weeks and I have been told I cannot self certify for the first seven days and I must obtain a doctors certificate from day one of my absence. 
    I was under the impression that any hospital appointment /operation my employer would have to give me the time off paid and that I could self certify regardless for the first seven days of absence.
    Any help or advice would be appreciated.
    Regards, Louise

    • Lesley Furber

      hi Louise, that does sound very odd – do you have a contract or handbook that you can refer to which talks about statutory sickness pay and leave and any occupational sickness pay.  Scottish law has some differences to English Law, and while I’m not an expert on these differences, I wouldn’t think this was one of them.  If you want to check your contract and you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • saz

    Hi there,

    I am an agency worker in care on a zero hours contract, although I do full time hours.. I work during the day and also during the night as an  an oncall back up and if I usually get called in , it’s for no more than an hour, and if I have work in the morning I don’t usually have a problem with this.  Tonight however I initially worked 2 hours on the oncall and finished work at 11:30 pm.  I then got called back at 2am -3.40pm.  I had worked the day shift already which was 8:30am-2.30pm.  I went back to work in the evening for the night hour between 9pm and 10pm.  I am due back into work at 8:30am in the morning.  I explained to the oncall centre that I am shattered and that I have done more than what I would usually do overnight and that they needed to over the Am shift. They told me I have to do the shift in the morning and that is what on call is about. I said to them that I have come out when they have called me, but will not have had very much sleep before the start of my next shift.  I also explained that I am zero hours contract.  Am I right, or are they right? But surly it’s allot to ask to go back to work at 8:30am when you have only got home at 3:40am ?

    Any advice appreciated

    thanks

    • Lesley Furber

      hi Saz, I’m going to reply to you by e -mail. Regards, Lesley, Workline

      • saz

        Thank you very much 

  • Tara

    hello. i work at a hotel, i am contracted as part time although i do work full time hours. i have worked there for 8 months and have always been told i get 8 hours between shifts each day e.g if i am working at 7am, i get to leave at 11 at night. however the new manager is abolishing this, he says we have no obligation for an 8 hour break because of the industry we work in. is this correct?

    • Lesley Furber

      hi Tara, he is possibly right if your industry is exempted because it provides 24 hour service or if you are classed as a shift-worker.  In both those circumstances, if you cannot get the 11 hour rest break between shifts then you are entitled to receive the rest back that you didn’t get as compensatory rest as soon as is possible.  If you want to e-mail me i’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Anon

    I have worked at the same company for just over a year and a half and I am wondering if I am entitled to holiday pay. I have an hourly rate but I pay my tax and National Insurance through the company on the PAYE system. However, I do not have a contract. Is this legal and should I be entitled to holiday pay? 

    I would be grateful for any advice. Many thanks.

  • Garymc65

    i work for agency lgv driver finnished work at 14.30 hours recieved text message at 18.00 hours to start at 2.00 is this legal

    • Lesley Furber

      hi Gary, quite possibly but I would need to know a lot more detail about your normal shift patterns etc.  I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • A13

    Hi
    I wonder if you can help, I’m supposed to be a full time employee in a pub but in the last two weeks my hours have been cut to barely 15hours a week with my manager cancelling my shift and so forth, this has all began since they found out I went for a job interview and the say it’s because they have to train new staff and give the hours to staff who aren’t planing on leaving and there wage budgets tight, but I have to keep looking for another job as I can’t survive on 15hours a week. Can they legally do this? up until now I’ve always worked between 30-50 hours depending on how busy it’s been 

    • Lesley Furber

      hi, it’s going to depend partly how many hours you are contracted to work for originally, and how long you have been working longer hours. You can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sarahgregory2011

    Hi ive just recently requested a flexable work pattern my hours where full-time 37.5 and have been reduced to 16hrs per week.our holidays start in April and i had a company contract for my full-time hours and awaiting my new contract to sign for my new part-time hours. My manager informed me that i have no holidays due to moving to part time in other words she was transferring my holidays from my full-time contract to my part-time contract.Can she do this as i thought as it is a new contract new hours you would still be entitled to the holidays that merit? I didnt think you could take holidays from an old contract and place them on a new reduced hour contract? Yours with anticipation Sarah thanks

    • Lesley Furber

      hi Sarah, you should have full-time entitlement from April to the date you stopped working full-time and then part-time entitlement from the date you started working part-time until the end of March.  Does your Manager mean you have perhaps used up all of your total entitlement because you have gone part-time.  If you have any further queries then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Stabbysteph

    my hours in a care home have changed from 8:45pm-8:00am to 8:30pm-8:30am..previously getting paid for 10 hours….but now we are working the extra time and still only getting paid 10 hours… is this right?

    • Lesley Furber

      hi, are you getting any breaks during this time? As long as you’re getting paid at least the National Minimum Wage for ALL the time you’re actually working this is probably legal as long as you have been consulted about the changes and your contract allows this.  Hope that helps, you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Mick

    Hello, how does the WTD apply to HGV drivers? I work an average of 60 hours a week in the concrete industry delivering the stuff. We keep within the driving regulations, but are worried that we may be breaking the WTD. POA on a tachograph shortens a driving day as does using the breaks at the wrong times…how can we show we are not working the whole of the shift, yet still comply with driving regulations…can we legally opt out?

  • Allie

    Hi, I’ve been working for a company now for 6 months. Normally I’ve been working 5 days averaging 35 hours a week. Last week they cut my days to only working 3 days, I was wondering if there was a limit on the amount of hours my work can cut in the matter of a week, without giving me a previous notice ?

    • Lesley Furber

      hi Allie, thanks for your message.  You’re going to need to look at your contract to see if they have the flexiblity to cut your hours (or what basic hours you are employed on if it is less than 35).  If they don’t they need to consult with you on any changes.  If your Employer has declared ‘short-time working’ then see this page for further information – http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/

      If you have any further questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Davina

    Hi, one of my employees has brought in a doctors note stating that she cannot work past 6pm because she has ADHD but she has recently signed a renewal of her contract which is for 35 hours a week FULLY FLEXIBLE. Could you please shed any light on this with where i stand legally?

    • Lesley Furber

      hi Davina, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Sheila

    hi can you tell me if im entitled to holiday pay, i have worked for this company for 18 yrs & in aug 2009 i went off sick, i still havent recovered &  its very doubtful i will be going back, they wont finish me on health grounds, so i dont know if i should just give my notice in, would i get any holiday pay. thanks 

    • Lesley Furber

      hi Sheila, yes you are still eligible for statutory holiday entitlement while you are off sick and have a right to be paid this at ‘normal’ pay.  If you want to e-mail me I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Jamienicholas

    Hi, I am currently working in retail, 31.5hrs per week, I have been informed by my manager I am expected to be at work 15mins prior to the start or my shift and allow 15mins at the end. Whilst my store opens at 9.30am my rota states 9.15, the store closes at 18:30 and I’m rota’d til 18:30 but I’m then expected to help with end of day cleaning for which I’m obviously not being paid, usually 15-30mins a day. Though my managers have recently extended their rota covering that extra period leaving me 30mins out of pocket everyday. Is this legal?

    • Lesley Furber

      hi Jamie, there are a couple of things to take into account here.  Whether your contract of employment gives your Employer the flexibility to alter your hours and that additional hours worked may not be paid.  Both of these are allowed legally if your Employer has flexiblity for either of these written in your contract and as long as your Employer is paying you at least the National Minimum Wage for all the hours you work.  If you have any queries you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sean

    HI, i work in care and work 43 hours a week on shift work, we had a training week in october where we had to work the normal 43 hours, but during that week it was said that the organisation were not running some of the training without prior notice.
    Now we are told we still have to make up the hours regardless of it being their default not the staff. There was a gmb counseltaion meeting that did state;

    Support workers are entitled to work their contracted weekly hours and cannot be told they must reduce them and make up time later. This can be negotiated but only with the consent and at the convenience of  support workers.

    do you have any advice on this matter?? it would be great help.
    thanks, sean

    • Lesley Furber

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

  • lu84

    Hi,

    im working full time (40hrs a week contract) so im entitled to 31 days of paid holidays. i have started taking it everything at once yesterday after the agreement of my employer.
    I decided to change the contract to part time (20 hrs a week), it would mean the cut in paid holidays (20 days). I want this change to be valid after i come back from holidays – 20th january 2012.
    The problem is, my employer contacted me today and wants me to sign the new contract right now, I am afraid that in this case I would be paid just for 20 days holidays and actually lose the money for 11 days… Please, could u advise me, if it is ok for me to change the contract now or should i wait?

    • Lesley Furber

      hi, thanks for your message.  It’s fine to sign the new contract now as long as the correct date for your new hours is stated on there – i.e. 20th January 2012. If it says any other date then you would need to query this and not sign it.   If you have any queries you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Tem

    Hi, I’ve worked for an NHS Care Trust for nearly 20 years. There has always been the need to close the day unit, where I work, for two weeks in the Summer and for a period over Christmas to ensure full coverage of staff for the rest of the year. Historically the Shutdown weeks were together and fell during the classic school 6 week holiday. They have recently brought in a procedure to vote for when the shutdown weeks should take place and whether they are together or separate. Staff receive 2 days concessionary annual leave days for the enforced nature of the closure.
    Last year the ‘fair’ vote led to one week in the school holidays and a seperate week outside. I was allowed to work elsewhere within the trust, losing a concessionary day. This was under a grievance as I stated that it was unfair, and discriminatory to force me to spend annual leave alone without my dependents (two young children of school age) and then face additional costs of childcare in the school holidays.
    This year the voting system seems ever more unfair. A sheet is being left up on a wall for two weeks where staff can write their name next to their choice. It is now even more unlikely that the shutdown weeks will be out of the school holidays. Staff are able to see where others are opting for and this has lead to factions colluding together to ensure they get the weeks they wish and keep their additional days, whilst a small group with dependents are left wondering if they will spend their annual leave with their family (we have been told there is no guarantee we can work elsewhere this year).
    Is this even a voting system? As you can imagine staff morale is very low with heated discussions taking place daily! ‘If we all stick together it won’t be in the school holidays.’
    Does it appear disproportionate that certain staff will get to choose all of their annual leave (keeping concessionary days) whilst others are forced to face additional costs and diminished time with their loved ones?
    The service users of the unit have not been consulted over whether the chosen votable weeks suit them. There is no specific need (required maintenance work etc.) to have any specific weeks outside of the school holidays. There is even the situation where a week in September looks likely – clearly not a ‘Summer’ shutdown!
    Is it indirect discrimination to allow a voting procedure which permits a knowing majority to effectively decide how much quality time others spend with their family?
    The Trusts Annual Leave Policy fails to mention ‘Shutdowns’ at all. When I spoke to an HR person within the Trust I was told that it seemed like a fair system and if I was finding things difficult I should consider finding another job with a term-time contract!
    I find it incredible that staff are allowed to ‘vote’ on shutdown weeks at all. A process where staff are consulted and then managers make an informed, fair and resonable decision would ensure happy working conditions.
    Your advice on this matter would be very much appreciated.
    Thanks in advance

    • Lesley Furber

      hi, thanks for your message.  Employers have every right to ask staff to take leave (or not take leave) as long as they give the correct notice to do this.  Clearly they should find the fairest way of doing this for all staff – without understanding the whole nature of where you work and the terms you have I’m afraid I cannot offer any more advice. Regards, Lesley, Workline

  • big d

    hi i work a 5 day week but not on monday its tuesday to saturday ,, my boss said coz i dont work on mondays and when bank hoildays fall on it im not aloud the bank holiday in my years holiday he is saying i only get 23 days a year coz i have mondays off anyway is this right or do i get 28 days  where can i find out more abourt this

    • Lesley Furber

      hi, from what you have told me your boss is not correct – you are entitled to a minimum of 28 days holiday if you work full-time so that means you should be paid for 28 days holiday.  Hope that helps.  Regards, Lesley, Workline

  • kitty

    hi i work as a waitress , been made to do a 12 hour shift with no breaks , 12 till midnight.and they still take 20 mins off every 6 hours i do. also not just that , i dont get 11 hours rest period as my next shift was 7.30 in morning. thats not legal. what can i do?

    • Lesley Furber

      hi Kitty, if you are classed as ‘shift worker’ (see above) then if you are unable to get the 20 minute break or the 11 hour rest period then you should receive ‘compensatory’ rest to make this up as soon as possible afterwards.  If  you want to e-mail me I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • sharon chandler

    Hi can i get some advice please…i was working for a care company when i sustained a severe back injury that led to surgery…….i was off work for just over a year and my consultant says i must not go back to that sort of work or i will cause permanant severe damage to my back, my question is (i havent given my notice in) am i entitled to the holiday pay i was suppose to have since my injury? The compant were dreadful while i was off sick, missing my sickness payments so i had to spend days on the phone chasing them, sending the HR offivcer to my home where i felt totally bullied, i issued a grievence over the treatment and this was never resolved and to be honest im glad im out of the compant, but i still have this problem of my holidays. I am able to start work again but this work must be of a light role and to be extra careful of my duties, i think ive found the ideal job and want to start work with this company, who have assured me that they will take my problem very seriously and allow for my working conditions…..what i also need to know is how to “word” a letter to this ex company so i get the proper holiday pay due to me
    thankyou
    sharon

    • Lesley Furber

      hi Sharon, yes you are entitled to holiday pay that accrued during your sick leave – the wording from above is “In January 2009 the European Court of Justice ruled that Employees are
      entitled to accrue statutory minimum holiday entitlement while on sick
      leave and can carry that leave over into another year if they are too
      ill to take it and prefer not to take it during their sick leave (and/or
      be paid in lieu for any leave they are unable to take if their
      employment is terminated).” You can use wording similar to that.  If you want to e-mail me I’m on workine@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Mike

    Hi , my son is contracted to work 37hrs a week but on occasions when work that needs to be completed the same day arrives at the Laboratory for testing he is asked to stay to complete the work. This he has no complaint with , but now his boss has said any hours outside his normal working contract that are worked he must take as Lieu days instead of being paid for that work. He has now been told that he will be told when he can take those Lieu days even if he did not want to take them when his boss says. What he is actually doing is making him work longer hours without being paid for them then being told you must take your Lieu days when I say. He has been told he must take these days between January and March, but his argument is he does not want Lieu days without pay, he wants to be earning more. His boss is using him for nothing when its a busy period and saying take time off for nothing when you are told because we are in a slack period. Can his boss do this to him as he is considering now sticking to his 37 hrs in protest  and the department he runs wont operate right without him there. His boss knows he is the main cog in the wheel and he feels he is just taking advantage of him. Could you help to clarify where he stands legally. Thanks . Mike.

    • Lesley Furber

      hi Mike, this is going to depend partly on what his contract with the Laboratory says about the hours he works and overtime he does and whether this is paid, unpaid, given as time in lieu (or whether it mentions none of these) and if the employer has flexibility in the contract to change any of these things.  However, legally there is no right to payment for overtime (or pay off in lieu) – as long as he receives the national minimum wage for all the hours he worked, which pay off in lieu would count towards as instead of getting paid for extra work he is getting extra paid holiday in effect for extra work.  His Employer can insist he takes this time off in lieu when it suits their business.  Time off in lieu is essentially a form of pay as it is paid time off to be taken at a later day.  He needs to be careful at working under ‘protest’ if his contract allows for these changes to be made – if he does work under ‘protest’ at a change in his terms and conditions (if it is one, it depends what his contract says) he cannot do this indefinitely anyway. If have any further questions then please e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • worried

    hi there. i have worked for the same hotel for 20 years and have always had the same days off and always worked the same hours. i have always obliged when asked to swap or work extra shifts. i have not received any payrise in at least 7 years. i was told i could not join any unions. now they want to try and change my entire roster and i don’t know what to do. my contract is 20 years old and does not state anything really.

  • Brianjohnson270259

    hi lesly .. the company i work full time for av decided to move the accrued bank holiday .. 1.1.12 from monday to the previous week 30. 12 .11 is this legal as some of the workforce av planned there hols round avin the monday off … thxs

    • Lesley Furber

      hi Brian, basically there is no legal entitlement to have a bank holiday off work so if your company are moving the bank holiday then they are entitled to do this – however, they must give you notice to do this (which I guess they have) and in this situation the more the better.  Sorry I can’t give you any more positive news.  Regards, Lesley, Workline

  • Lukewarm

    hi there. Is it legal to work day 12 hours shift and the following day night 12 hours shift every week? Then have one day off after night shift and start day shift after that off? 

    • Lesley Furber

      hi, I’m not absolutely sure what you mean – can you confirm if you mean working 12 hours  during the day on day 1 and 12 hours during the night on day 2? And how long  before you have a day off? You can e-mail me more details on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • guest

    Hi,
    I’ve just looked at my contract and it states on there that I’m only entitled to 24 days off in a year for holiday but i work 5 days a week and am employed full-time. Is this correct or should I be getting 28 days holiday?

    • Lesley Furber

      hi guest, it’s going to depend if you get bank holidays off in addition to the 24 days. If you work full-time then you should get a minimum of 28 days off (but this can include bank holidays) – it may be that your contract is old and this is an old entitlement?  Regards, Lesley, Workline

  • Joe

    I am a 20 year old apprentice hairdresser working 5 days a week Tuesday-Saturday inclusive (rest days Sunday & Monday). I am entitled to 28 days holiday per year. Each time a bank holiday falls on a Monday my employer takes a days holiday off me, even though the salon is closed and it’s my normal day off anyway -it doesn’t seem fair. This year Christmas Day falls on Sunday with Boxing Day on a Monday and my employer has deducted 2 days off my holiday entitlement. I seem to be losing out, I’m being deducted holidays for days the shop is shut anyway and it’s my normal days off. Is this legal? What can I do?

    • Lesley Furber

      hi Joe, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • guest 10

    Hi
       my question is, if employers do not have to pay extra for Bank Holidays or give them off by law why have them at all?
     One other question, I work a shift pattern that changes week to week and sometimes I finish after midnight and have to be back at work at 10 am, I work in the  leisure industry is this legal, and if not can I agree with my employer to take the extra hour as extra paid holidy?
     Sorry one more. As mentioned above i work in the leisure industry (specifically in a snooker hall, dehind the bar). One day a week I work between 12.5 – 14 hours without a break (no breaks are given throughout the normal working day (7 hours) either, is this legal?

    thanks.

    • Lesley Furber

      hi, re your first question I think you need to ask the Government!  Second question – if you are a shift worker then you are exempt from needing to have the 11 hour rest break, but you should receive ‘compensatory’ rest for the rest you did not get as soon as is possible – this does not have to be paid.  Third question – again you are probably covered by the exemption from not needing to have a 20 minute break if you work over 6 hours, but you should receive this as compensatory rest as soon as possible if you are not able to have the break.  Regards, Lesley, Workline

  • Amanda

    Hi, My partner works for the billing dept subsidiary of a well-known TV company. There are hundreds of people who work in this call centre and his team’s shift pattern is Wed – Saturday, with Sunday to Tuesday off. Other shifts obviously cover Sunday to Wed, etc. The point is, his team has just been told that they are going to be given Saturday (Xmas Eve) off and instead are being forced to work on Christmas day. Apart from the obvious point regarding those who would normally be scheduled to work this Sunday, they are not being given a choice, have not been given enough notice (‘Tough’ has been the general reaction of management – do it or you get a disciplinary! Plus it’s not fair on those whose shift falls on Sunday! WHAT?). Now, it’s the luck of the draw and my partner’s team’s shift has fallen on xmas day in the past. What are their rights regarding putting their foot down, so to speak, as people have plans made? (By the way, this is Wed 21st Dec). Please let me know, thanks.

    • Lesley Furber

      hi Amanda, it’s going to partly depend on how his contract describes his working shift patterns and what flexibility is in the contract to allow management to change shift patterns at short notice – so you need to read that to see how it describes this.  If the Employer has the flexibility to change shifts at short notice then there is not much he can do about this.  If the contract does not give the Employer this flexibility then one thing they could do is put in a grievance.  It might also be worth reading the company’s disciplinary policy to see what is says about describing behaviour the company finds unacceptable and also would be considered gross misconduct – to see if it mentions not following management orders, anything about shift changes etc.  Hope that helps, Regards, Lesley, Workline

  • charles bunting

    Hi, i am a christmas temp and was working within theretail store for a month and a half and i left due to family resposibilities. I havent got paid and I am desperate for the money am i entitled to this money as it is two days before chrismas and i have bills to pay.

    • Lesley Furber

      yes you are entitled to be paid for the work that you have done – when you get paid though is going to depend on what their normal pay dates are, it’s probably unlikely they would pay you on a day outside of this date (not sure if you were employed by them directly or through an agency?).  You need to check what date you should be paid on your original offer letter/contract of employment.  If you have any further questions you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley

  • andy22260

    Hi
    i recently joined a company as a director,everything was fine until i tried to take holiday’s i basicly got told that i had no entitlement to holiday’s my working week can consist of 40-60 hrs per week the work force are on 28 day’s annual holiday entitlement, should i be entitled to any holiday’s.

    • Lesley Furber

      hi Andy, you need to refer to your Contract to see how you are employed as a Director (do you mean as a Director of the Company rather than a Film/TV/etc Director?).  If you are not employed as an employee (or worker) then you will not be covered by the Working Time Regulations – which will apply to hours of work and holiday.  If you are employed as a worker or employee then you are eligible for holiday entitlement, but if you are a Director of the Company you may be regarded as an ‘autonomous’ worker which means that you are outside of the Regulations for your weekly hours of work – see above.  If you have any questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Bodess12

    hi i had an accident last year at work i was off sick for 3 months to have physio i  returned back to work on light duties and eventually  back to full duties i was back at work about 6 month  i was unable to do my job as using some of the machinery it was causing  severe pain my doctor put me back on sick ive now been on sick 6 month i rung about my holidays i had  left and they told me i loose them due to being on sick a long time is this true

    • Lesley Furber

      hi Bodess, no it’s not true, you do not lose your statutory holiday entitlement (you may lose any contractual holiday entitlement you get above the statutory entitlement of 28 days though) – see above.  Hope that helps. Regards, Lesley, Workline

  • bowler2120

    HI, I work in the security side of the warehouse distribution industry. I currently work 40hrs a week 4 x 12hrs on and 4 days off. Holidays are caluculated in hours as 224 per annum. Assuming this is calculated as 8 hours for a “normal” working day.
     
    We are now moving to 56hrs per week. 3 days x 12hr, 3 nights x 12hr and 3 days off. Pay has been increased accordingly. We now have 1 hrs unpaid rest each shift. This now calculates as 51.3 hrs paid work per week.
     
    That being the case, should the holiday hours entitlement, per day, be increased pro rata?
     
    ie. 51.3 divided by 5 x 28 (days) = 287.28 hrs per annum
     
    Many Thanks

    • Lesley Furber

      hi bowler, quite possibly, I can’t work out how the previous holiday amount was calculated – you need to ask your Employer.  Does the 56 hours include the 1 hour unpaid rest break?  Regards, Lesley, Workline

  • Jerry Biggs1

    i will be working from Tuesday through to Saturday so my weekend will be class as Sunday and Monday i am initial to get bank holiday that full on a Monday to a day in loo?

    • Lesley Furber

      hi Jerry you’re going need to explain to me what you mean when you say “I am initial to get bank holiday …..” – you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Kencrisp5

    Hello Can a business stipulate that you con only take your holidays in blocks of five dya s at a time and only mon to friday

    • Lesley Furber

      hi, basically, yes your Employer can tell you how they wish you to take your holidays as long as they give you the appropriate notice.  Regards, Lesley, Workline

  • carol4659

    Hi Lesley,
        I work in Scottish Retail, My contract is 30hr per week, I have 28 days holiday which includes Bank and public days, Christmas and New year week just past the shop was closed Monday, Tues (Christmas day/boxing day)  I had to take these as holidays which is fine, but if I want to take my normal days off this week (normally Thursday and Saturday) I have to take them as holidays as well, is this correct?

    • Lesley Furber

      hi Carol, you mean your normal days off are Thursday and Saturday? That sounds a bit odd but it may depend on how your contract describes your days off and working hours.  You can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Guest

    Contract states normal hours of work are from 09:00 hours to 17:00 hours, However employees are
    expected to work whatever hours are necessary to enable them to satisfactorily
    carry out their duties without additional reimbursement.

    If I work over my normal hours I don’t get paid for it.

    Is this legal?

    Thanks

    • Lesley Furber

      hi Guest yes that is legal as long as you are receiving the national minimum wage for all the hours that you work.  Regards, Lesley, Workline

  • Degga07

    Hi i work 5 1/2 hrs a day so what break entitlment should i get? I am not a shift worker and work the same days every week. Thanks

    • Lesley Furber

      hi, you are only entitled legally to a break if you work over 6 hours per day – so you are therefore not legally entitled to one, although of course your Employer may give you a break (paid or unpaid). Regards, Lesley, Workline

  • Eloise_B

    I work 8 hours a day and have been told that I should be getting a half an hour unpaid break and two fifteen minute breaks either side which are paid for, my contract says I am entitled to a half an hour unpaid break after 6 hours of work, my employer says the fifteen minute breaks don’t apply unless I’ve worked twelve hours + whats the conclusion to this?

    Also, I was employed with a 30 hours contract and at first I was getting just over 40 hours a week, but it was then dropped without any notice, the hours I’ve now been given are from 15-21 hours depending on the week, I have spoke to my manager and she has said because its an airport and during off peak times of the year wages have to be cut, but to my understanding they cannot do that when my contract is 30 hours, am I right?

    My employer has now offered me to do 15 hours in the unit I work at now and 15 hours in another unit, but now in the first unit they are trying to cut my hours to 13.5 a week and 15 in the other unit, where do I stand on these situations???

    • Lesley Furber

      hi I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Lulus9

    I work shifts in the NHS including nights. If on nights I normally work 2 weeks of 4 nights per week (Mon to Thur 2030hrs – 0715hrs) Last week I worked Tue/ Wed then Sat Sunday and this meant it was then continuous with the following week which was back to the usual days (Mon to Thur) making it 6 nights in a row. Is it a breach of the WTD in any way? I work 37.5 hours a week. Another question, I requested carer’s leave on one of the nights as I had no child minder but was declined because there was no cover, nobody has ever been declined before. I was told it was unauthorised leave. Can they do that?

    • Lesley Furber

      hi, no that’s not a breach of the Working Time Regulations – you should get one continuous rest break of 24 hours in every 7 day period (or 48 hours in every 14 days) but as you work in the NHS you are possibly exempt from this anyway, meaning if you do not get the 24 hour rest period then you are allowed to have this as ‘compensatory’ rest as soon as possible.  Re carers leave, it depends if you are talking about a contractual right to carers leave or the statutory right to time off for dependants – if you want to e-mail me with more details I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • J Steel909

    Hi
    I work part-time, 22 hours over 3 days (Monday, Thursday & Friday) and I get 11 days holiday, not even 4 weeks. Another employee works 22 hours over 3 days (Monday, Tuesday & Wednesday) and they get 12 days/4 weeks. Is this right? I thought every employee got atleast 4 weeks.

    • Lesley Furber

      hi everyone is entitled to 28 days (which can include the 8 normal bank holidays) per year on a pro-rata basis.  The fact you get a different amount may be to do with the hours you work so and what total ‘hours’ you get for each day of the 11 days holiday.  Or not – it would need to know more details – you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Joyce_h

    hi i work a 24 hour week and my boss pays £40 per shift. i have worked for him for two years and still have no sort of contract or have been offered any sort of holiday pay or sick pay when i have taken holidays or sick days. ive tried to calculate how much holiday pay i am entitled to and came to the conclusion i am due at least 16.8 days per year i am going by the citizens advice page on the internet. does this sound right to you? and would i be able to get it backdated for 2 years? thankyou.  Joyce houston

    • Lesley Furber

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

  • Flossy

    hi, i work at 5:30am in a morning and i have a contract stating that! this morning my supervisor told me he wants to work from 6am this causes a problem for me as i car share and i need to be back home ext can they just tell me n put it into effect? i thought that is something my area suporvisor decideds????

  • Leppi17

    hi there,
    I am a shift worker on 16 hours per wk. I
    have just been told that if we worked a
    bank holiday over christmas or new yr &
    it was part of our regular hours that we
    lose a days holiday entitlement. Can they l
    legally do this?

    • Lesley Furber

      hi, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Ali

    Hello,
    I have been working in my job for about 9months and i did not realise i was entitled to a certain amount of holiday, i also wasnt told that i had to take my holiday by december as i do not have a contract, therefore my manager has said i am not aloud to take holiday and i will not get paid for it either. 2 of my other jobs , the holiday ends at the end of every tax year so i thought this one would too, Is this right that i lose out when i wasnt even warned? 

    • Lesley Furber

      hi Ali, you should obviously have been told by your Employer but there is no legal obligation for your Employer to allow holiday to be carried over (unless you have been sick or on maternity/paternity/adoption leave) – can you talk to him again and ask if you can carry at least some of it over into the new year as you were unaware of your entitlement.  Regards, Lesley, Workline

  • Salad182

    Hi, I am a shiftworker who regularly has to change shifts at short notice. I recently did a 2pm-10:30pm shift to cover absence, my normal shift was 8am-4:30pm. I returned to work at 9:30am (allowing an 11hr rest period). I was then informed that I must do an 8hr shift to make the time up. This seems to discourage people to waive the 11hr rest rule to finish at their normal shift time. Have I misunderstood this?

    • Lesley Furber

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

  • R30ydr

    hi there i work annulised hours shit work and at the end of october needed a op so i was off for nov dec and januray. but my annulised holidays was from the 20th of dec to jan the 9 can i claim part of these hours back?

    • Lesley Furber

      hi yes you continue to accrue holiday while on sick leave so should get the hours back you accrued during this time.  Regards, Lesley, Workline

  • Watto

    I currently work 20 hours per week, Monday 4 Hours, Wednesday 4.5, Thursday 8, and Friday 3.5.

    My holiday year starts 1st January and I get 20 days holiday (5 weeks) plus bank holidays. This year that would equate to 27 days this year. I miss out on 5th June and 26th December.

    If I am correct in interpreting the WTD then this is more than the statutory minimum. Correct?

    Questions I have is can I insist on my entitlement being calculated as hours due to the fluctuating hours I work and do I have any right to additional holiday because of the bank holidays that fall on the Tuesdays I do not work?

    • Lesley Furber

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

  • George_stix

    My employer wants me to create a rota where 1 in 8 weekends is worked driving lorries. How do I rota each driver in and still keep within the drivers hours regs?

    • Lesley Furber

      hi George, I would need a lot more detail from you to answer this = would need to know their normal hours of work etc and what hours they will drive at weekends.  You can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Nataliegibson23

    hi i am a shift worker 2 weeks of the month i work 4 nights and the other 2 weeks i work 3 nights,i work 11.45 hrs in  one night is this correct,  my employer says that one day holiday is not equal to 11.45 hours for me. she says that it is equal to 7.7 so i only get paid 7.7 hours a shift iif i take a holiday but if i dont have holiday i get paid the full 11.45 hours

    • Lesley Furber

      hi Natalie, are you asking if working 11.45 hours is correct? That’s going to depend on what your contract says, it’s within the law certainly.  With regards to your holiday pay that is going to depend on the hours you work and what is written into your contract, are some of the hours ‘overtime’? As you may not get entitlement to holiday if these hours are overtime which are not contractual (i.e. written into your contract).  You can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Cliveroper

    Can my employer enforce that my annual leave can only btakn as Whole and prohibit the taking of half days

    • Lesley Furber

      hi Clive, yes there is nothing in the legislation that would prevent your Employer doing this; they can specify how you take your leave.  Regards, Lesley, Workline

  • Yvonne Jbell

    hi i work as a carer so do 6 shifts per week but over 4 days my employer says i am only entitled to 5 x 4 days holiday but will be paid 9 hours for the days i am off is this correct

    • Lesley Furber

      hi Yvonne, it could be it’s going to depend how many hours you work on each shift.  Plus you are entitled to Bank Holidays on top. Regards, Lesley, Workline

  • Wendy dyer

    hi i work nights in a residential care home my manager is changing my rota and i never get a weekend off i have asked her to change this as and was informed that the rota will take affect in 6 weeks, i work 35 hours a week, this is broken up into 4 nights one week and 3 the next as they are 10 hour shifts, am i not entitled to a weekend off, 
    can you please answer by email

    thank you,

    • Lesley Furber

      hi Wendy there is no entitlement in the legislation to a ‘weekend’ off where this means Saturday and/or Sunday.  You must however get at least 1 x 24 hour period of rest in every 7 days or 2 x 24 hours period of rest in every 14 days (the Employers decision which they use).  It looks like from your shift pattern that you are getting this.  If you have any further queries then please e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Maloricsmam

    I work in NHS as staff nurse, I qualified in 2001 working for previous employer (NHS trust) from May 2001 until October 2003 then on nurse bank for approx 3 month with same employer until I started my new job in a neighbouring NHS trust in January 2004 soaccording to agenda for change I have 11 years reckonable service when calculating entitlement to annual leave.
    I would like  to know does the 3 years I spent as a student nurse (university/hospital based) also count as reckonable service or not?
    I only ask as the calculation I have received from previous employer is more (by 3 years 3 months ) than I thought and I’m not sure if they have mixed me up with someone else?

    • Lesley Furber

      hi, I’m afraid I can’t give you an answer to this one – you would need to check the Agenda for Change you mention as I’m not familiar with how the NHS would work out your leave entitlement and whether this would include student training too or not. Regards, Lesley, Workline

  • thrilla

    Hi
    I work as a nursery nurse in a private nursery, I do 10 hour days, starting at 8:00am, with one break for lunch of an hour this can be taken between 11:00am to 14:00pm. My holiday entitlement includes the bank holidays yet when these are paid they only pay for 7 hours, is this correct? as technically if the nursery was open on that day I would do 9 hours work with 1 hour lunch. It seems to me that I am getting short changed of at least 2 hours on these days
    Thanks for any reply

    • Lesley Furber

       Hi, thanks for your query.  You should receive your normal pay for holidays; however, if your hours of work include overtime (i.e. standard hours of 7 plus 2 hours overtime each day), that is not specified in your contract, then these do not have to be included in the holiday pay calculation.  If you’ve got any queries you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Andy M.

    Hi,

    My wife works for an NHS trust and has recently been informed of changes to her break structure.  She works 4 weekdays of 10 hour shifts each with 1 x unpaid 30 minute break and 2 x 15 minute paid breaks at present.  They have now been advised that they will now be only entitled to 1 x 30 minute unpaid lunch and 1 x 15 minute break which MUST be taken and the time made back up to the trust.  Is this legal?

    Many thanks.

    • Lesley Furber

       Yes, the legislation only states that you must have a 20 minute rest break (which can be unpaid) if you work over 6 hours – however, if you work in a sector which provides 24 hour care or you work shifts then you can be exempt from this break (although should receive it as ‘compensatory’ rest as soon as possible, if possible).  Regards, Lesley, Workline

  • Sharon35

    I’ve been working for a large hotel chain for three years, in that time I have changed job role, and dropped from 5 shifts per week to 2-3 shifts per week last October when I started university. The company have recently insisted on cutting my rate of pay (due to change of job role), and insisting I agree to a 16 hour contract, which I did, reluctantly, as I was willing to do up to 4 shifts per week if needed. Since then I have constantly been asked to work extra shifts when they are short staffed, which I have done. The problem I have is that holidays must be taken by the end of February in this company, and in order to take all of my holidays I have to be off most of January and February, which is fine. Except that my boss has asked me to work extra shifts which he has told me he will pay me for and he will also ensure I receive my holidays. He attempted to do this last week, and I didnt get paid my holidays. He has insisted that this week I will get paid for the two shifts I had worked (16 hours), two days holiday for last week and the the two days holiday I didnt get paid the week before. This amounts to 16 hours pay and 4 days holiday in one week on a 16 hour contract. Can this be done? I assumed if he puts through 16 hours it will automatically cancel out any holidays he also puts through. I made it clear I would be happy to work extra shifts for him as long as it did not affect my holidays, and he assured me there would be no problem. Where do I stand with this if he is unable to pay the holidays due to me by the end of February? Will I be entitled to carry them over or claim them back? I would be grateful for any advice. Thank you in advance.

    • Lesley Furber

       hi, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • amiee

    I work as a barmaid/waitress I do 8 hr shifts a few days a week but I don’t get a break. My boss insists that the place is too busy for breaks. Am I not entitled to a break because it is a shift or should I get a 20min break in an 8hr day like everyone else? 

    • Lesley Furber

       Hi, I’m not sure if you would be classed as a proper shift worker or not – the definition is “Shift Workers are defined as those engaged in activities involving
      periods of work that are split up over the day and those who work
      according to a certain shift pattern where workers ‘succeed’ each other
      at the same work station.  The shift period may be continuous or not but
      will involve the need for workers to work at different times over a
      given period of days or weeks.”.  If you are a shift worker then you are exempt from the 20 minute break but must get this back as ‘compensatory’ rest as soon as possible.  If you are not a shift worker then you are entitled to the 20 minute break (which can be unpaid).  Regards, Lesley, Workline

  • bobski

    My partner works 6 hrs a day 4 days a week as a retail assistant. her hours are 9am-3pm mon-thurs. is she entitled to a 20 min break during her working day or does she have to work over 6 hrs?

    • Lesley Furber

       hi, she’d need to work over 6 hours to be legally entitled to this break.  Regards, Lesley, Workline

  • gillian

    hi my wife used too work full time in a GP surgery.. 8yrs.. but has now dropped her hours to16hrs per week but she has never been paid a single days holiday pay ever. as her boss [the doctor] refuses to pay holiday pay too any member of staff

    • Lesley Furber

       hi, thanks for your message – assuming your wife is an employee or worker (and not freelance, which I doubt), then she is entitled to holiday.  Her boss is acting illegally and your wife needs to raise this with someone – is there a contact/liaison in her local health authority (etc) she could talk to or is she in a Union?  Your wife could take her Employer to an Employment Tribunal if she wished for breaching the Working Time Regulations.  Hope that helps.  Regards, Lesley, Workline

  • Ricky

    hiya

    I work in a school cleaning and i have been ill two days before the school holidays and my employer has put me down as sick through the holidays. is he actually allowed to do this as it is classed as my entitled holiday.

    sorry i cant really explain any better then that.

    Thanks

    • Lesley Furber

       hi Ricky, well it depends if you were sick during the holidays – if you were then this needs to be recorded as sick; if you weren’t then this should be holiday.  Regards, Lesley, Workline

  • Carol Hollow

    my boss wont let me take any holidays between may and october.can he do this?

    • Lesley Furber

       hi Carol, yes he can, as long as he gives you notice that this is the case.  Regards, Lesley, Workline

  • Chan

    hey ive been working for like 4-5months in my new job as a supervisor in a restaurant… parently i have 20 days holiday even though i work 5 days a week and do atleast 45hours..
    ive taken 3 days holiday but he has put my 2 sick days and a time i didnt show to work as holiday and he is saying that ive used my holiday as hes doing the year quarterly.. can he do that as in take my holiday from me and cover the sick days and the day i never showed??.. surely he cant?? 

    • Lesley Furber

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

  • Nikkybelper

    I work 4days a week and have always had the full bank holidays then the rest worked out pro rata. Now my HR says I was employed under our head office rules ( the same as her) not where I am based and I will now have 2 holidays less a year. They have not given me any new contract. What holiday should I get if pro rata and what should it be if not plus can they do this without changing my contract ?

    • Lesley Furber

       hi Nikky you are legally entitled to the 8 normal bank holidays (whether you are entitled to the ‘extra’ bank holidays last year and this year will depend on how your contract is worded) – pro’rata’d to 4 days, so you are entitled to 6.4 days.  They are changing your contract terms and conditions so should consult with this about you – if they don’t and/or you are unhappy about this you could put in a grievance.  If you have any further questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Lucy Bailey

    Hello
    I work on a full time shift basis in journalism, so every day my hours of work are different. My contract states that my working hours will need to be flexible but will not exceed a maximum of 48 per week. I always have two days off per week although this is not stated in my contract.Usually any work that is booked in is divided between my colleague and I – if only one job is booked in then we tend to share the hours equally and do half a day each (as stated by my manager). Last week however there was only one job booked in so my manager asked me to take a day’s holiday. I said that I did not want to use my holiday with only a few hours notice as I had absolutely nothing to do for the day and WANTED to work. My manager refused to give me any work and instead said that I must take the day off and owe them a day back. That means that in a week coming up I must work on one of my day’s off.Can I legally be asked to do this? I strongly wanted to work on the day in question and do not want to miss out on a day off in the future. I feel that I am either being forced into taking a day’s holiday against my will, or to work on one of my day’s off. It is not my fault that not enough work was booked in, yet I am being punished.

    I would sincerely appreciate any advice.

    Many thanks,
    Lucy.

    • Lesley Furber

       hi Lucy, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

      • Lucy Bailey

        Hi Lesley

        That’s great, many thanks in advance. I will await your email!

        Very grateful for your help.
        Lucy

  • Krisburghart

    Hello, I am a causal member of staff at a council nursing home. I have been told that I am entitled to an half hour unpaid break for a 12 hour shift. Surely it should be longer?

    • Lesley Furber

       hi, legally you are only required to a 20 minute break (which can be paid or unpaid but is usually unpaid) if you work over 6 hours – so your Employer does not have to offer more.  Regards, Lesley, Workline

  • James

    Hi there,

    I work weekends only and now I have opted out to work sundays. My manager is saying that I need to fullfill my sunday hours on the weekdays otherswise I will be in breach of my contract of 16 hrs. As I am not available, they are forcing me to do cover the sunday hours during the week.

    Can they force me? And what are my rights. Please help as I am dealing with bullies here.

    Thanks,

    James

    • Lesley Furber

       hi James, it’s going to depend exactly what your contract says about the hours you are required to work each week – if it is 16 hours then you need to work 16 hours unless you agree between you that you can reduce your hours.  If you want to e-mail me I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

      • James

        Thanks for the prompt reply Lesley. Really appreciate it.

        Currently the contracted hrs are 16hrs. And they are happy to reduce my hours but they are forcing me to work other days for it. Im not available during the weekdays as I am studying. I do 6 hours on sundays, but they want me to do atleast 4 hrs during the weekdays reducing my 16hr contacted hours to 12 hours overall. Now me opting out sundays, will that not reduce my hours anyway. And also if I opted out sundays and ‘did’ wanted to transfer those sunday hrs to another day, are they not entitled to refuse? On this occasion they can say no to me, as I reduced my two work days to one, as a result loosing those hours. Meaning I cant force them to give me those hours another day and they cant force me to transfer those hours another day in the week. I thought it worked both ways! Is this right? (Sorry to be pain)

        Many thanks indeed, James

  • Em_cotty

    Hi, my contract of emplyment states that my standard hours are M-F 9-5 however there is a on liner saying: You are also required to worksuch reasonable aditional unpaid hours as are needed to fulfil your duties

    Does this mean they can enforce weekend working?

    • Lesley Furber

       Hi, is that line exactly as it is written (it doesn’t specify days of the week?).  You can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Ruth

    Hi, my working week is Monday Tuesday and Thursdays,I was on my first day of a weeks holiday this week when i fell and tore ligaments in my foot. I saw my G.P today (weds) as i needed painkillers and he has signed me off for two weeks.I have been told by work that the sicknote covers me from the Monday that my holiday started. So am i on “holiday” or sick, or does my note start from my next working day? Hope you can help,

    • Lesley Furber

       hi Ruth, you are generally ‘sick’ from the day you become ill, not necessarily the day you get a sick note as there is usually a delay.  Regards, Lesley, Workline

  • Dave

    HI im a shift worker doing 4 on 4 off 12 hour shifts.They work out how many people can be off shift at the same time by %. They are saying that 15% of the shift = 5.25 people and therefore means only 5 people can be off at any one time. Im saying they cant round down people on round up which means 6 people can be off. Who is right

    Dave 

    • Lesley Furber

       hi Dave, your Employer will specify how many people they require to be at work to ensure work can be completed (and they have the right to specify when you can take leave or refuse your leave requests for such reasons, as long as they give you the relevant notice).  So if they say 5, then it is 5.  Regards, Lesley, Workline

  • Elaine Roche

    Hi i am a support worker contracted to work 20hrs a week. My employer consistently gives me more than this every week. Do i have to work all these extra hours

    • Lesley Furber

       hi Elaine, you need to read your contract to see what it says in terms of your Employer requiring you to work extra hours.  Are you being paid for these? You can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Willmckeoghelec

    hi if im contracted to work 48 hours a week but often work over that i.e 12 hours a day 5 days a week and just get a standered day rate and have to work nights often over 12hours is this illegal or allowed for the comany i work for to do this?

    • Lesley Furber

       Hi, a couple of things.  If you are working over 48 hours a week then you should have been asked to sign an Opt Out of the 48 hour per week working limit.  You need to read your contract to see what it says about being asked to work extra hours over the 48.  With regards to your rate, there is no legal requirement for your Employer to pay you extra for ‘over-time’ and they do not necessarily need to pay you for extra hours worked (again it will depend on what your contract says) – the only legal requirement is that you receive at least the national minimum wage (which is currently £6.08) for all the hours you work.  With regards to night-work you don’t say how often you do this? There is more information about night-working here – http://www.freelanceadvisor.co.uk/go-freelance-guide/working-time-regulationsworking-hours-rest-breaks-holiday-entitlements-working-time-directive-%E2%80%93-and-bank-holidays/

      Regards, Lesley, Workline

  • h311

    Hello i am an electrician currently working for a large energy provider on a full time contract 37.5 hours a week monday to friday, we are suposed to get a 20min rest period during the day that is unpaid (this rest period seldom comes) however we are having to do a call out period of 7 days once every 4 weeks providing 24hour call out to our customers we have no system in place to stop us having to work from 08:00hrs to 00:00 every working day and then having to be back at work at 08:00 hrs the following day the sleep time system only gives us 1 hours rest per hour worked past midnight for the 7 day period there is no uninterupted rest due to being on call and there is no sleep time allocated on the weekends. we have raised genuine concearns about driving to and from jobs and are getting nowhere is ther an official line we can take if none of us are in a union and are we expected to have to work all these hours .

    • Lesley Furber

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

  • Kathy

    Hi.  I just started work at a cafe.  We are required to be at work 15 minutes before the cafe opens but are not paid for this time.  If we work until 5.45, we are only paid until 5.30.  We receive 15 minutes for lunch and no other breaks.  Is all of this above board?

    • Lesley Furber

       hi Kathy, you’re going to need to read your contract (if you have one) to see what it says, if they can require you to work extra time without paying you for it.  This in itself is not illegal, but they must pay you at least the national minimum wage for all the hours you work, so it’s going to depend what your hourly rate is.  If you work over 6 hours then you must have a 20 minute break (which can be unpaid), unless you are in industry/job that is exempt from this, which I wouldn’t have thought a cafe was.  If you’ve got any further questions then you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Spinnerspan

    Hi there,
    I work in retail on a 7 day rota system. According to our company policy our manager is meant to have the rota constantly available for staff on a 4 week basis. This is normally not the case. For example, we have had less than 3 days notice before.

    Some of us are on 3.5 days a week and some are working a 5 day week. Is there any law that requires our manager to have the rota in place as per company policy.
    Many thanks, Spinner.

    • Lesley Furber

       Hi, there are no laws around rotas as far as I am aware, but if the availability of your rota is contractual (i.e. written into your contract of employment) then they may be in breach of contract by not providing it in their specified time.  You need to read the wording in your contract and the rota policy.  You can e-mail me on workline@freelanceadvisor.co.uk if you have any questions.  Regards, Lesley, Workline

  • Spevans89

    The rota at work runs friday to thursday and is often not put up untill thursday. Does my manager need to give more notice than this? Also my manager was off ikl for several months and another member of staff was off over a similar period. Altogether i was unable to take holiday days for over 3 months due to this. Then i was told i couldnt take holidays in december or january. Our holiday year runs march to feb and i now stand to lose 6 days holiday. Is this legal or do i have the right to get it payed? Thanks.

    • Lesley Furber

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

  • cat32

    Hi :D In my current job, I used to do a 42 hour week (Mon-Fri and every other sat) We got 21 days hol and all of the bank holidays paid. I became “part time” and dropped to 32 hours per week, still working mon-fri and every other saturday. My boss says Im not entitled to as many holidays as Im now part time. I say he is wrong because I work 5 days a week. Who is right?

    • Lesley Furber

       Hi, your boss is correct, you need to have holiday entitlement based on the hours you work; as you no longer work full-time your holiday entitlement will be ‘pro-rata’d’.  If you’ve got any questions you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Shelley

    I work monday and tuesdays , 7 hours each day. When it comes to any bank holiday falling on a wednesday, thursday or friday does this mean I am entitled to paid hours/ days.

    • Lesley Furber

       hi Shelley, you are entitled to the normal 8 bank holidays (if you work in England) pro-rata’d to the hours you work (regardless if you don’t normally work these days).  You may be entitled to the extra ‘royal’ bank holiday too, but it will depend on how your contract is worded whether you are entitled to this or not.  If you have any queries you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

      • Shelley

        That’s great, thank you Lesley.
        Nobody seems to know the rules where I work but now I feel I can go back to them with some information that they can look into.

  • ……………….

    Hi… I am contracted to work 36 hours a week 3x12hrs night shifts. I work all bank holidays ( 12hrs over the 24hr bank holiday period ) My employer only gives me 7.5 hrs in lieu for a 12 hr bank holiday shift…can he do this ? or should i be getting 12 ?  thanks 

    • Lesley Furber

       hi, it’s going to depend what your total holiday entitlement is overall based on your shift work and whether bank holiday working is classed as ‘overtime’ above your normal 36 hours a week that is not written into your contract of employment.  If you want to e-mail me I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Hi,
    I work in retail on a contract of 17.5 hours but I have been working at least 36.75 hours a week since oct 2010 as I got promoted, however my contract was never changed. I have only been getting paid for the 17.5 hours when a week when I take a weeks holiday. My company will not change my contract due to ‘the economic climate’. Am I legally entitled to be paid the 36.75 hours for my holiday time? 
    I found this on the directgov website, but am unsure if it applies to my situation?
    How holiday pay is calculatedYou are entitled to be paid during your statutory annual leave and contractual annual leave. Your holiday pay will be your normal weekly wage (excluding non-guaranteed overtime). If your pay varies from week to week, your holiday pay should be your average weekly wage over the previous 12 weeks.Thanks in advance for your help.

    • Lesley Furber

       Hi, unfortunately the way the law stands at the moment if the extra hours you do are classed as ‘overtime’ that are not specified in your contract then you are only legally entitled to holiday based on your contractual hours of 17.5.  The Direct Gov page is obviously correct, the key bit  there is ‘excluding non-guaranteed overtime’.  It would be worth checking your contract again to see the exact wording as regards ‘overtime’ they can ask you to do.  If you want to e-mail me I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Galpino

    I am contracted to work 40 hrs per week over 6 days, with an added clause that I have to work additional hours where necessary. If I have 3 days paid holiday in a particular week, can I be required to work the 40 hours on all of the remaining 4 days, ie. without an actual unpaid ‘day off’? Thank you in advance for your help.

    • Lesley Furber

       hi if you’re taking holiday entitlement then you shouldn’t be required to work your normal hours (but you need to check how your contract is worded).  You need 1 x 24 hour continuous rest period in every 7 days but your Employer can choose to give you 2 x 24 hour continuous rest in every 14 days instead.  If you’ve got any more queries you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • V-dot_le7

    Hi at my current employer Monday to Friday I work split shifts mornin and evening, but at weekends I quite often finish at 1 or 2am, but still expected to start at 7am. Also only contracted to 40 hours per week but quite often excedes 60/70 hours. I have now handed my notice in, where do I stand in regards to compensation?

    • Lesley Furber

       hi I’m going to reply to you by e-mail as I have some queries.  Regards, Lesley, Workline

    • Lesley Furber

       Hi, I’ve just sent you an e-mail but it’s been rejected.  If you want to e-mail me I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Martinbottomley

    new user here, please can sumone help me . i work more than 16hours at work. i started work at 10pm till 12. but now i have other contracts so i have to start at 3am. the boss isnt paying me more for this.this week i have been traveling on train to cover a store and he said it will just be for this week and im fed up he isnt giving me more cash and now he saying another week to cover it. wat can i do.

    thanks in advance

    martin

    • Lesley Furber

       hi Martin can you e-mail me and clarify what working hours you are doing, 10pm to 12 midday? starting at 3am? sorry …. you need to read your employment contract as they do not necessarily need to pay you for the extra work (depends on how what your contract says about working extra hours at their request and if this will be paid for or not) – as long as you receive at least the national minimum wage which is currently £6.08 for each hour you actually work.  My e-mail is workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Guest

    Hi Lesley, Last year I took 2 days holiday because whenever I wanted to book a holiday I was told someone else had already booked those days. The year ended with me having taken a couple of days holidays. Last year’s holidays have rolled over and I am allowed to take these. This year I want to book time off as I really need a break and it’s for a religious festival which I celebrate twice each year and fast. I have been told that I can’t take time off because during a few of my holidays (2 to be precise) the store is having a sale and all employees need to be there. My counter is unstaffed but there are enough people in the department to help out, plus its not very busy at the moment. 
    I work 12.5 hours a week but have been working more hours.

    My query is, am I allowed to take my holidays as its for a religious occassion? The store recognises Chrsitian holidays and closes the store (rightly so); and I don’t have a choice but to be off. Should my religious events which are important to me not also be recognised and time given to me to celebrate – especially if I have more than enough holiday to cover? What are my rights and can my employer say No to me taking this time off?
    Thank you  

    • Lesley Furber

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

  • Harry

    Hello,

    I’ve just decided to check upon employment laws and noticed that holiday entitlement is calculated as: days worked over a week multiplied by 5.6.

    I’ve been working 6 nights a week for 3 yrs+ (contracted) and i’ve only ever been allocated 25 days paid holiday, have i got any rights outside of the contract to having the extra days added.

    Basically what i’m asking, is it a legal requirement to have the 33.6 days off a year? and the company i work for, have they been fleecing me time off ?

    I never knew employment rules for NIGHT work when i signed, but since they have been making severe cut backs and making redundancies left, right and centre i’m now working 8 hours solid a night without an official break, it would be nice to hit back with something in the workers favour.

    The thing with the company i work for is the contract is very vague and they turn the owniness back on to the employees with regards breaks and rest periods with statements like, make the time….. which really means get on with it ! were not bothered…… but are quick enough to check camaras to find out what times we’re starting/finishing our shift. The manager we have i feel is all about self importance, how to look good with money saving schemes rather than a duty of care towards the emolpoyees, obviously a lack of man managment skills. 

    Can you help in this matter ?

    Regards

    Kevin 

    • Lesley Furber

       Hi, thanks for your query.  There is no legal entitlement to have holidays worked out over 6 days, the maximum entitlement is 5.6 x 5 days legally (although of course your Employer could offer more if they chose).  Re your night working query, I’d need some more details from you about the job you do – you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • PS

    Hi there, I currently work 12 hrs a week Mon – Thur and Friday and Saturday on a rota basis as my contract states.  I have worked the weekend rota for the past 3 years but now they have finally taken on new staff I have been told i am no longer needed for a Friday.  Friday and Saturday was classed as paid overtime.  The new staff are contracted for Mon – Fri but I am on an old contract Mon - Thurs.  Do they have any right to take away my Friday overtime without consultation and am I legally bound to work the Saturday rota.

    • Lesley Furber

       hi PS you would need to check exactly how your contract describes the weekend overtime, whether it’s confirmed or possible etc.  If they are changing a term in your contract then they do need to consult with you about this.  It may be possible, that if the weekend overtime is not specifically described in your original contract then it may have become a term of your contract through custom and practice – see more details here http://www.freelanceadvisor.co.uk/go-freelance-guide/custom-and-practice-and-employment-contract-terms/ – and here are more details on how your contract terms can be changed and what you can do about it – http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/
      If you have any further questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

      • PS

        Hi Lesley, thank you for your prompt response my contract clearly states ” You are normally required to work 12 hours a week excluding breaks normally made up of monday, Tueasday, Wednesday,Thursday.  Fridays and Saturdays are worked on a rota basis”.  As they no longer need me fo Fridays i have been told that I still need to work Saturdays.  I asked for them to no longer put me on Saturday rota but was told it was in my contract.  It seems to be pot calling the kettle black because Fridays are stipulated on my contract also.  I feel they are pleasing themselves canyou advise meany further on this.  Thanks,

        • Lesley Furber

           Hi, I’ve replied to you by e-mail.  Regards, Lesley, Workline

  • tom365

    Quick question,

    As a company, if you have an employee that is off ill for one day and returns the next day and wishes to take the “sick day” as a “holiday day”, are we legally obliged to do this or is it at our digression ? Thanks

    • Lesley Furber

       Hi Tom, I’m going to reply to you by e-mail as I have some questions.  Thanks, Lesley, Workline

  • Lea-89

    Hi, i work in retail & am contracted to work 20.5 hours a wee. However since the senior sales assisstant on my dept. went on maternity leave last july i was required to work 27hrs a wk & then that increased to 33 which i have worked ever since. The seniot sales assisstant is due back off her maternity leave next month & i am now wondering if the company is legally obliged to keep me at the 33 hrs or if they can drop me back down to the 20.5 i am contracted at!? Any information will be much appreciated, thanks!

    • Lesley Furber

       Hi Lea, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

  • Dangart

    hi i work for a dranage companey who are a 24h contractor all over the north west an i am the out ov hours man the onley one who works out of hours,,, i work from 5oc in the evning to the next morning altho i dont work all  night i still dont get in till after 12, and i do this tue wensday thrsday and friday then i start at 90c sataday morning till after 12 at night with out any brakes then i do it agen on a sunday  withc leaves me munday and tuesday off and have dun this for sum time now,, i tryed to take my holadays last year and was told thay couldent get any one to cover my shifts even tho i gave them 4 weekes notice for a week off … but ive now been told that ive lost them and thay whont give me my money for them is this right as its not my falt i hadent taken them,,,, since the new holaday year has started i tested them and gave them 6 weeks notice for a week off and 3 weeks into that time id not heard any thing bk so i asked whot was happing and the replay i got was……. oooo sorry was that your holoday form was it sorry i lost it and dident no whos it was you will have to speek to the boss and when i did he told me that i hadent given them enough time to get cover and i wasent having it off even tho there was still 2weeks till the week i whonted off.. i have onley been off sick 2days since ive been there and ive been there nearley 4 years ive all ways been in even if i have been ill,, tho in the last year or so ive been really ill with shingels and stress and i no its down to the hours am working and not getting any time off, ive tryed to get help from a number ov places but no one can help me can you even if its just a little lift ive got some thing to work on maney thanks dan                            

    • Lesley Furber

       Hi I’m going to reply by e-mail.  Regards, Lesley, Workline

  • Guest

    I have been searching for an answer to my query for a while now, and I hope you may be able to help. I’m a trainer for a private company and travel the length and breadth of the country. I’m employed to work up to Chester and down to the M4 and I had signed out of the 48hr working week, but have noticed that my hours have been creeping towards 50 each week. My contract is a notional 40hr contract, but I’m not seeing the down time. As I am salaried I’m not paid per hour so I have had problems at home. I was able to buy time back to become term time, but I also think that my office is using the days I have bought back to work against me on the distances I travel when I am working.

    • Lesley Furber

       Hi I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Ursulap1nk

    I worursul monday to friday and have done for 2years i am a carer thats works 35 hours. My boss wants me to do trainingon sum weekends but i look aftet a sick relative at weekends and i said he should give me training in my working hours now he has said that i work for him over a 7day period even thoigh i never have and i have no contract what do i dou

    • Lesley Furber

       Hi I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Kaygray Grayson

    Have just started a job where they have implemented a rota. Not a problem except if you want to take holiday and you have a rota’d weekend work day within that holiday, you have to find someone who is willing to swap with you, so you can cover you rota’d saturday or sunday. Is that correct or do you just take it as holiday?

    • Lesley Furber

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

  • question

    Hi there!  I have a question I’d like to ask about holidays.  I’m a freelance writer and I’ve asked my editor whether it would be possible to take 2 days holiday at the end of next month, but he’s said no.  Is this legal?  Thanks.

    • Lesley Furber

      Hi, quite possibly this is legal.  Genuine freelancers do not have a legal entitlement to paid holidays – however depending how much you work for him and how often there are situations where you may be classed as a ‘worker’ for the purposes of the Working Time Regulations and so are then entitled to paid holiday.  If you want to e-mail me with more details I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Dawnlarkin

    Hello,

    I work 22.50 days per week, 4.50 hours per day and my annual leave entitlement is 23 days but out of this I have to book 8 days for bank holidays which leaves 15, is this correct?

    Thanks.

    • Lesley Furber

      Hi, I can’t work out your annual leave entitlement without knowing what your ‘full-time’ weekly hours are.  Part-timers should have a pro-rata entitlement to the 8 bank holidays also.  Your Employer can ask you when to take leave, so if they are asking you to keep 8 days for all the bank holidays they are allowed to do this.  If you have any further questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sparkys

    hi ,
         just woundering if you could help with a few things ?
    1, im boss is trying to cut my CONTRACTED 16 hours down to 12.5 even tho she knows my situation  in regards working tax credit and such we are in debate at the moment over this but she has said it doesnt matter what i say she will cut my hours and i will have to work the new hours is this correct  as if she does it isnt worth me working ?? mon to fri 5:30am to 8:30am but 5:30 am to 9:30am on a tuesday.

    2, when taking the job i was told i would be paid monthly but i seem to wait so long for my wages eg she does the wages on the 1st of every mth and i dont get till between the 9/13 th of every month so say she does my wages for feb from the 1st feb till the 29 she processed on the 1 st of march but i didnt get it till the 10th of march can she do this ?? as it always seems 5/6 weeks before i get paid 4 weeks wages ?? 

    Thank you in advance if you could help ..

    • Lesley Furber

      hi I’m going to reply to you by e-mail as I have some queries.  Regards, Lesley, Workline

  • steve

    I work 12 hr night shifts and have been asked by my employer to do 12 nights on the trot,can this legally be done ?

    • Lesley Furber

      hi Steve are you getting 2 x 24 hour continuous rest period in every 14 days – depending on what job you do (and the fact you are a shift worker) you may not be legally entitled to this rest period but should get ‘compensatory’ rest for the amount of the 48 hour continuous rest period you do not get.  You can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • guest

    If an employeer pays and employee extra on 1 bank holiday, do they have to pay extra on all or are they allowed to choose?

    • Lesley Furber

      hi Guest, it’s going to depend entirely on what your contract of employment says about how much they will pay you if you work on a bank holiday.  You would expect there to be consistency but there is no obligation on an Employer to pay more than normal pay for overtime or bank holidays worked.  You can e-mail me at workline@freelanceadvisor.co.uk if you have any questions.  Regards, Lesley, Workline

  • guest

    in my workplace we get clocked out when the managers are cashing up the tills, this could be at 10pm when we are rotad in  until midnight, but they tell us our clock out time gets altered at the end of the night but we are getting no actual proof of this, are they allowed to clock us out before we actually finish our shift, many regards.

    • Lesley Furber

      hi Guest, is your query about the hours of work you are actually doing or because you are not be paid after you clock out? You can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sporty

    Hi Can you tell me if it is legal for a retail car sales dealership to open from 8.30am to 8pm on a Bank holiday

    • Lesley Furber

      hi Sporty yes it is – there is only legislation preventing some Sunday Trading, there is nothing related to Bank Holidays – there is no legal right for you to have Bank Holidays off.  Regards, Lesley, Workline

  • rebecca

    hi can you tell me if it is legal for a company to take time and a half off you if you phone in sick on a weekend 

    • Lesley Furber

      hi Rebecca it’s going to depend entirely what your contract says about when it pays you time and a half and when not and also what sick pay entitlement you have (i.e. do you only receive SSP).  If you’ve got any questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Guest7

    Hiya, hope someone can help with several questions.
    1. I work 8.30-5.30/6 on tues,wed,thurs,and fri term time only. Firstly with no breaks because no one to cover, is this right? And secondly should I get paid holidays/ bank holidays/ doctors or dentist appointments/ sick pay. at the moment I make up the time for nothing and do not have a contract ( never have) and been there several years.
    2. My partner has been signed off sick for 2 weeks to start with and boss has said if they pay him he should work 2 weeks of his time off in the summer,for nothing or be unpaid now. He’s waiting for tests so may be off longer and not fit to work still then. can they make him work, make him find his own cover and should the boss be ‘bargaining’ like this?
    3. We work at the same place and they want me to cover his day- can they make me?
    It’s really stressing us out so thanks for any help regarding this.

    • Lesley Furber

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

  • M_richardson

    Hi…I have just started working 17 hours a week and some of my friends at work are working less hours…..We work in a little local shop and we do not get paid for any bank holidays is this right please?

    • Lesley Furber

      Hi, thanks for your question.  Basically you have a pro-rata entitlement to bank holidays as you do normal holidays – the legal minimum you should get (which can include bank holidays) is 28 days per year if you work full-time.  Hope that helps.
      Regards, Lesley, Workline

  • Sirinivas

    Hi, Could you please let me know if saturday and sunday counts in to my holiday if I’m working monday to friday as a 5 day week and If I don’t come back to work on a monday when I’m supposed to come back after a week’s holiday. So, basically I’ve taken a week off and coudn’t return to work on that Monday. My Boss said, he will take 8 days off my holiday allowance as I didn’t come back on Monday when I’m supposed to. My argument is he should only count 6 days as sunday and monday are my day offs. Please advise..thanks ever so much.

    • Lesley Furber

      Hi, yes if you are working only monday to friday then you would expect the weekends to not be counted as holiday days.  But you should check your contract to see what it says.  If you have any questions you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • John_gore

    Hi, We work 7.5 hours a day, our employer requires only 1hour (12 till 1pm) of the May Bank holiday to be worked by one person. If nobody volunteers to do it then we are told it will fall on the person who is working that particular job  for the rest of the week. The pay will be 1 hour  +80% and 1 hour in lieu. Can they make that 1 person work for only 1 hour or must they allow the full 7.5 hours to be worked.  We are public sector workers.

    • Lesley Furber

      Hi John, it’s going to depend on what your contract (and/or other policies) says about the hours you are required to work and how bank holidays etc are covered and when/if you can asked to work on them.   Regards, Lesley, Workline

  • Iain Barr

    Hey guys, I work at Tesco as a shelf stacker and heard I was entitled to £80,000 annual salary due to a new law brought in by the government. Could anyone tell me about this by contacting me on my email, thanks!

    • Lesley Furber

      hi Iain, I’m afraid I’ve not heard of anything like that I’m afraid! Regards, Lesley, Workline

  • Student nurse

    Hi There,

    I work the the NHS nurse bank as a HCA and they say due to me being a student nurse, I am classed as being a full time employee at 37.5 hours per week, so I am only able to work 10.5 hours per week. I argued that the Working time directive states it is 48 hours per week over a 17 week period and they stated that Tayside do this on a weekly basis and I am unable to opt-out of the wtd as I am only ad-hoc and do not have a contract. I would appreciate any information you could give me on this. Kind Regards

    • Lesley Furber

      HI Student nurse.  The 17 week reference period can be changed by the Employer by collective or workforce agreement so maybe this is what they have done. Any worker can Opt Out if there is joint agreement with the Employer.  The 48 hour limit can also be re be varied by agreement between management and the workforce collectively (but this agreement cannot be made by individuals and their employer. It must be between the employer and all those doing the same or a similar job).  The Working Time Regulations are there for health and safety reasons and it would be worth checking any contracts or policies that are relevant to you as a student which mentions work alongside your studies.  Hope that helps. Regards, Lesley, Workline

  • mucker 19

    Hi,
    I work a 5 day week and am entitled to 4 weeks leave and bank holidays as they fall. However, I  am required to be ‘on call’ for my job, including  bank holidays. Am I entitled to another days paid leave, for the bank holidays that I am required to be ‘on call’?

    • Lesley Furber

      hi Mucker I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Guest

    Bit of a tricky one this. I work part time on Monday and Tuesday each week. The unit I work in closes on a Bank holiday and the time is deducted from my BH allowance. I have been on sick leave and this will continue during a bank holiday week. Are my employers still able to deduct my hours for the bank holiday Monday? or should I be able to take the hours at a different time? I work for NHS. Nothing in my contract which covers this.

    • Lesley Furber

      hi Guest, I’m going to reply to you by e-mail as I have some questions.  Thanks, Lesley, Workline

  • http://www.facebook.com/profile.php?id=1281279786 Jermaine Smiley Holder

    hi i work for tesco on a flexible contract doing sunday tuesday and wednesday nights 22.5 hours a week they have now said that if im to turn down 2 nights over time i can be sacked and that im too sign a form agreeing with that, this i do not. i have a child that i look after on fridays and saturday’s so can’t always do the over time when asked can they enforce this ludacris idea or what any info would be appreciated.. 

    • Lesley Furber

      Hi Jermaine, thanks for your query.  Firstly you need to look at your current contract and see what it says about your hours of work and if they have the current right to ask you to do overtime and how that is described.  If that is not written into your current contract, and if it is not something you or others have been asked to do then it’s likely they are changing your terms and conditions.  See our article here about changing your terms and conditions – http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/  If you’ve got any questions you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sally Goddard

    Hi I am a nanny and work 46hrs in 4 days a week I have been ask to stay late
    I work 11.5 hours a day and due in tomorrow morning at 7.30am does the 11hour
    Rule work inbetween nanny working hours too.
    Please let me know

    • Lesley Furber

      Hi Sally, it’s going to depend – if there is a need for ‘continuity of service’ where yo uwork or if there is unforseen circumstances that require the extra hours, then you may be exempt (even if only temporarily) from the need for the 11 hour rest break.   If you cannot get the 11 hour rest break you should receive ‘compensatory’ rest for the part of the 11 hours break you did not get, as soon as possible, if possible.  If you’ve got any queries do you want to e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Ali

    Can you please advise – I work shift work and have to do 1 – 2 on call shifts a week. I have put in for one says annual leave and I have been advised that as it is an on call shift I have to find the cover myself and pay back the on call another time. Can they do this?

    • Lesley Furber

      Hi Ali, you need to look at your contract and see what it says – if your on-call shifts are mentioned in your contract and it says you need to cover the hours at another time then this may be ok (as long as you receive you full holiday entitlement over the whole year).  Regards, Lesley, Workline

  • karol

    I am a trainer for a Company who trains internally and have a specified workbase. My Company is now selling training and expects us to travel all over the country but tell us that the travel time is not included in our hours. There is nothing in our contracts about travelling elsewhere, it only refers to other company premises. Where do we stand?

    • Lesley Furber

      hi Karol, thanks for your message.  The Working Time Regulations say that travelling on job related business (not to and from home) should be counted as working hours.  Your Company should be looking to changing your contract to reflect this.  If you’ve got any questions you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Emy_dalv

    Hi. I work for Sports direct as a part time casual assistant. We always have to stay 30-40 min after we finished our shift finishes. We get told we get paid for it but we don’t. This Saturday I had enough and I decided to leave at 6:40 when I was suppoused to finish at 6:15. My manager told me that I will get disciplined for walking out when I was asked to stay and help. Just to mention I’ve actually done my job tidying my section and was even asked to come downstairs and tidy another section as we have a lot of new and untrained staff that don’t really do much. My question is : can my manager discipline me for deciding to leave? There is nothing in my contract about staying over after my shift has finished. Thx for ur help. Ana

    • Lesley Furber

      Hi Ana, sorry I’ve only just seen this message from you, I hope I’m not too late in replying.  Is there anything in your contract relating to your Employer being able to ask you to work extra hours as and when they require – that may cover this after-shift work (it doesn’t necessarily need to specify it would be after your shift has finished).  If you have any questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Sarah

    Hi, I am a manager and work the same shifts as my employees. I have my budget for payroll per week and am required to save as much as I can to build up enough hours to cover my holidays, as when I take a holiday I need someone to cover my shifts and overspend. I have never been refused holidays, however I am audited on my KPIs and so if I am over on payroll at the end of the year because I haven’t managed to save enough to cover myself then I will get into trouble. My question is that should I be entitled to have my holidays without any consequences like this as if payroll is looking a little tight it does put me off taking them? Thank you  

    • Lesley Furber

      Hi Sarah, I’m going to reply by e-mail as I have some questions.  Regards, Lesley, Workline

    • Lesley Furber

      Hi Sarah, I’ve just e-mailed you but I’ve got a delivery mail failure – do you want to e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Plane1boy

    It is in our contracts that we get the 8 bank holidays. we work 4on 4 off 12hr shifts but have 1 hr unpaid meal break so really work 11 hrs per shift.

    for the last 5 years are company have added the bank holidays to our anual leave as 1 bank hol for 1 days leave.

    now they say they have calculated wrong and now for each bank holiday we will only get 7.5 hrs towards our leave entitlement.

    can they just tell us they are doing this?

    • Lesley Furber

      Hi I’m going to reply to by e-mail as I have some questions.  Regards, Lesley, Workline

  • Gary

    Hi
    Can you tell me about the following please:

    If a boss decides to close over Christmas say for 9 days can he make you take it from your annual leave? I know you probably can’t include the public holidays but what about the days inbetween as this seemms unfair

    Thanks
    Gary F

    • Lesley Furber

      hi Gary, basically yes, your Employer can ask you when to take your holidays as long as they give you sufficient notice to do this.Regards, Lesley, Workline

  • Mary

    hi,

    I work in a restaurant part time and I do all my hours between a friday night and a monday night. Recently I have been put on a 12 hour shift which finishes at 1am and the following morning starting at 10.30am. I objected on the basis that I wasn’t getting 11 hours rest between shifts. The manager gave me a confusing response saying it didn’t apply to me as I was part time and it didn’t happen very often over  a 17 week average. Could you please clarify whether i am entitled to 11 hours between shifts.

    Many thanks

    Mary

    • Lesley Furber

      Hi Mary, well if you work shifts then it is likely you are exempt from the need to have a 11 hour rest break, as long as you receive the rest you did not receive out of the 11 hours as soon as possible.  Your Employer is incorrect with his explanation though as this is nothing to do with the fact that you are part time and it is nothing to do with the 17 week averaging period, as that applies to the total hours worked per week and has nothing to do with rest breaks.  Hope that makes sense! Regards, Lesley, Workline

  • Alan Edmondson

    Hi,  My employer is taking 3 days annul leave off me for xmass day, boxing day, and new yrs day!  I know they can do this as its in my contract.
    My problem is that i’m not on rota for 2 of those days, and this means i will not get my full entitelment!!  Hoe can they take leave off me when im not on rota???

    • Lesley Furber

      hi Alan, I’m not clear is your employer actually shutting down completely for christmas/new year so nobody would be rota’d on? You can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

      • Alan Edmondson

        No,  we work straight through the year except those 3 days. I have now opened a dispute, and called in a FTO from my union.

         As to comply with WTD the company have to show that each employee has taken their minimum annual leave!!

        Even the employees have a legal obligation to remain with in the law!

         regards  Alan

        • Lesley Furber

          Good luck.  Regards, Lesley, Workline

  • Karol

    Can you tell me if my line manager can change my job description after 4 years without discussing with me? Currently mine does state that I am to deputise for my manager when absent….I just have a feeling she is trying to reduce the content in order to lower my pay. Thank you

    • Lesley Furber

      Hi Karol, I’ve got some questions so I’m going to e-mail you.  Regards, Lesley, Workline

  • Venese

    Am contracted 18.5hrs. I work 8am-6pm = 10hrs Sat and 8am-5.30pm =9.5hrs sun. I was told that my contract will need to be change to 17.5hrs because i work long hours. Ihave been working their going 9yrs and too pass managers who didn’t  mention anything about it.

    Is it legal for them to do this?

    • Lesley Furber

      Hi Venese, your Employer can change your hours of work (I don’t necessarily understand why they are doing it though?) but as this will mean they are changing your terms and conditions of employment they should consult with you first about it and explain why they need to make this change – see this article for more details -  http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/  Regards, Lesley, Workline

  • Gazcarter

    Hi I’ve recently had an operation that has caused me to have three months off work. While I’ve been off I’ve been paid statutory sick pay but, not paid for any of the 4 bank holidays that have occurred in this tim. What are my entitlements?

    • Lesley Furber

      Hi Gaz, if you would normally be paid for the bank holidays  while you are at work then yes you should be paid for bank holidays under SSP.  Regards, Lesley, Workline

  • Mickconlin01

    My employer has just canged my work patterns and now I am expected to work a 15 hour shift as I thought I was entitled to an eleven hor rest period between shifts can they do this,I work as a security guard on a university campus

    • Lesley Furber

      Hi Mick, thanks for your query.  As a security guard you are likely to be covered by the exemption (above – security or surveillance that requires a constant presence) which means you do not need to have an 11 hour rest period between shifts.  If you do not get 11 hours rest then you should get ‘compensatory’ rest for the amount of the 11 hours break you did not receive, as soon as possible, if possible.

      Hope that helps
      Regards, Lesley, Workline 

  • Iain

    Hi, I work in the care section, my contract is for 35 hrs per week (shift work), I would usually work two 14hr shifts and one 7hr shift, however my line manager has said this is contrary to EEC working directive and is now insisting I work 7hrs per day over 5 days, my belief was that I could continue to work my hours over 3 days if I signed an opt out, could you please advise me on this.

  • tanya

    i have an 8 hour a week contract but work 32 hours a week. i have asked my employer to increase my contract to 30 hours so i get more pay when on holidays. he has said no even though he is employing new staff on a higher contract than my 8 hours. do i have any legal rights here

    • Lesley Furber

      Hi Tanya thanks for your question.  I assume from what you have said above that the extra hours you work above 8 are not contractual, i.e. are not specified as overtime you need to do, in your contract?  I’m afraid there is not a straightforward answer to this as it is going to partly depend on how long you have been working 32 hours a week.  If you have been working these hours for some time (there is no time limit set in law, but the longer the period the better) then you may have an argument that, through custom and practice, your ‘contractual’ hours of work are more than 8 – see this article for more information – http://www.freelanceadvisor.co.uk/go-freelance-guide/custom-and-practice-and-employment-contract-terms/

      If you’ve got any questions you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

      • Laurie

        it was labour day when I started my shift at 11:30 pm and I end my shift at 7:30 am do I get paid time in a half for my full 8 hr shift ? curious Winnipeg Manitoba ?

        • lesleyfurber

          Hi Laurie, this site is for UK employment law questions, and I’m guessing your’e in the US? If you are I’m unable to help you. Regards, Lesley, Workline

  • robbo49

    Hi, I asked my employer for a shift swap. I wanted to swap a 3 hour shift and the guy I asked to swap with does 4 hours. I said I would do the extra hour unpaid but my employer said that I couldn’t do that due to insurance reasons, are they wrong or just been harsh?

    Thanks in advance.

    • Lesley Furber

      Hi Robbo, I’m afraid I don’t know it’s going to depend on what their insurance policy says about how and when staff are covered by the insurance.  Regards, Lesley, Workline

  • Joneswendy30

    I would like to ask how much my holiday entitlment will increase by after five years in the security industry

    • Lesley Furber

      Hi Wendy, it’s something you need to ask your Employer.  All workers in the UK are entitled to a minimum of 28 days holiday if they work full-time.  If your Employer offers more holiday initially or after a certain amount of time worked for them, then that is entirely up to them and has nothing to do with the law.  Regards, Lesley, Workline

  • Mark

    Hi my girlfriend works as a hairdresser and her days off are Sunday and Monday so she doesn’t benefit from bank holidays, so will she be entitled to days in lieu as she works 40 hours per week

    • Lesley Furber, Workline

      Hi, basically yes she’s entitled to the 8 days bank holidays if she is full-time, so this time should be taken at another time. Regards, Lesley, Workline

  • Rebecca86

    I work in a health and social care service and work a rota of 40hrs per week. I am in a deputy manager position and am required to perform on call duties which my annual salary has been “calculated” to cover. All over services divide these duty hours between 4 people. Due to recent cuts to the service I am now expected to cover this rota alongside only my manager (who gets double my pay). When calculated over a two month period it will now mean I will only have 9 days off with no work or on call.when on call I am not allowed to travel anywhere more than an our from the service. This will hugely effect my lifestyle and with no pay increade. Is this acceptable?

  • mark

    I used to work 5 days a week full time (37.5 hours), my employer has now reduced my hours down to a four day week (30 hours) but I am still working those 30 hours across 5 days. Could you please advise me if my annual leave should still be the full 28 days or will it be reduced pro-rata?
    Thanks

    • Lesley Furber, Workline

      Hi Mark, your annual leave will be reduced pro-rata to the equivalent of 30 hours per week (but to take a day off you just need to use the amount of hours you would work, so in effect this won’t make any difference). Hope that makes sense. Regards, Lesley, Workline

  • spange

    if i work nights and take a holiday my company pay me day rate for my holiday is that correct

    • Lesley Furber, Workline

      Yes it can be correct it depends what it says in your contract about what rate of pay is used to calculate your holiday entitlement. There is nothing in law about being paid extra to work nights. Hope that helps. Regards, Lesley, Workline

  • ronald smith

    Hi, i work in Germany for a British company, are they still duty bound to honour the statutory holiday allowance. Thanks

    • Lesley Furber, Workline

      Hi Ronald, they need to honour the statutory holiday allowance of the employment law that covers your contract – so it’s going to depend whether your contract is covered by German law or British law. Regards, Lesley

  • Guest

    I work 19 hours over 4 days my employer says I am entitled to 11 days hol a year this seems very low, is that right?

    • Lesley Furber, Workline

      Hi Guest, see the paragraph just above this on how to calculate your holiday entitlement – there are various ways to do it. Regards, Lesley, Workline

  • paul

    my employer pays me 25% of my hourly rate at weekends if there is no work to do, can i claim minimum wage?

    • Lesley Furber, Workline

      Hi Paul, you can only claim national minimum wage for the hours you actually work. Does that answer your query? Regards, Lesley, Workline

  • Emma McCarthy

    I’m just wondering if I’m scheduled to work a 5 hour shift and they send me home after 1 1/2 hours am I entitled to to be paid for the whole shift? My sister works in a hotel where they get paid max 4 hrs if they are sent home within an hour or two of starting of their shift?

    • Lesley Furber, Workline

      Hi Emma, it’s going to depend what your contract says about the hours you are employed to work (minimum, maximum etc) and how you are paid and when you are paid. It’s also going to depend why you were sent home – if it was because your employers premises had to shut (had an emergency) or couldn’t operate as machinery wasnt working (for example) – in circumstances like this you should normally be paid but again it’s going to depend what your contract says. Regards, Lesley, Workline

  • Andrew

    Hi Lesley, I work full time for a logistics company. They have just informed me that during Christmas week this year(2012) I will be required to work Sunday to Friday with only Christmas Day as my day off for the week. This means I will be working a 40 hour week although there are two Bank Holidays in the week. Boxing Day will be paid at a premium rate but I just want some time off with my family. How many hours am I legally expected to work? Thanking you in advance.
    Andrew

    • Lesley Furber, Workline

      Hi Andrew, what full-time hours do you normally work? Your Employer can tell you when or when you cannot take holidays (as long as they give you notice to do this) and there is no legal right to have bank holidays off. Legally, you can work up to 48 hours per week (unless you sign an Opt out agreeing that you will work over 48 hours per week). So, it doesn’t sound I’m afraid that your Employer is breaking the law. If you have any questions you can e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • R.A.

    Hi, I currently work 2 days per week (Saturday and Sunday). I have been told that my holiday entitlement is 8 days for the year 2013, and that these can be taken on a Saturday or Sunday. Full-time workers (who work 5 days per week) are entitled to 28 days, and this is inclusive of public holidays. So am I only entitled to the 8 days per year, or is it 11.2 days per year? I’m basically not sure if I am entitled to any public holidays, since I work on weekends only. Thanks.

  • R.A.

    Hi, I currently work 2 days per week (Saturday and Sunday). I have been told that my holiday entitlement is 8 days for the year 2013, and that these can be taken on a Saturday or Sunday. Full-time workers (who work 5 days per week) are entitled to 28 days, and this is inclusive of public holidays. So am I only entitled to the 8 days per year, or is it 11.2 days per year? I’m basically not sure if I am entitled to any public holidays, since I work on weekends only. Thanks

    • lesleyfurber

      hi R.A, basically yes you have a pro-rata entitlement to public/bank holidays, regardless of the days you work. Hope that helps. Regards, Lesley, Workline

  • suzi

    Hi i work in a care home and do 11 shifts do 3 nights on then 2 nghts off then 2nights on 3 nights off 2 nights on then 2 nights off then the shifts start all over again what i want to know is holiday entitlement i am told the day shifts are hour shifts and as i work 11 hour shifts i can only get 19 days holiday is this correct i get paid a flat rate for the 11 hours and couldnt do an hour shift anyway as shift starts at 9pm and finishes at 8am

  • pete lutton

    1, Hi,I have worked from March 2012 on a Zero hour contract ,however in May 2012 my hours became regularised.I have been working at least 16 hrs per week regular ever since.Am I entitled to a regular contract.?
    2,A work colleague,contracted for 42hrs p/w only worked 38 hrs and allowed me to have the other 4 hrs of his,[these hrs were not included in my 16hrs, I used to have at least 20] when we had a slight disagreement he then went back to his 42hrs as contracted but then gave the same 4hrs to someone else in our workplace, is this legal?.
    Regards,
    Pete

    • lesleyfurber

      Hi Pete, we published a new Guide to Zero Hours contract yesterday so have a look at that here – http://www.freelanceadvisor.co.uk/legal-advice/what-are-zero-hours-contracts/

      With regards to the hours that you ‘took’ from the other colleague, as this appears, from what you have described, to have nothing to do with your Employer and is nothing to do with your contract of employment with your Employer but just an agreement between 2 individuals, then I can’t see there is anything wrong with this.

      Hope that helps. Regards, Lesley, Workline

  • Tom

    Hi, I work 11 hour days 3-5 days a week (in shift patterns) Only one of my days is below 11 hours (an 8 hour day once a fortnight). My employer is now offering me a new contract at 40 hours per week (averaged). What legal obligations do I have to work a full 11 hours per day? Does this effect my working rights? It doesn’t state in the new contract that I have to work 11 hour long days. Thanks

    • lesleyfurber

      Hi Tom, thanks for your message. You don’t say what hours you are contracted to work currently. When you say what obligations do you have to work 11 hour days, are you asking if this is allowed in law? It is. Does your new contract no specify anything about hours/shift patterns, as it should give an indication or refer you to another document that does give that information. Regards, Lesley, Workline

  • Noel Wien

    hello, I am a freelance offshore worker in the oil and gas industry, and I’d like an advise, I have signed a door to door dayrate contract with a given commencement date in the future. In case this date will not be respected, am I entitled to claim the dayrate or part of it for the days I have been not working because the job has been postponed?

    • lesleyfurber

      Hi Noel, it’s going to depend entirely what is written in the contract, if there is contingency for this. Regards, Lesley, Workline

  • c.e

    hello i work at a psychiatric hospital and i work nights we work from 7;30pm to 7:30am the following day,we have had a letter sent outlining that if our 2 hour ‘un-paid’ rest break cannot be adhered to we are to take our break on the ward, this is the quote in the letter

    ”Staff have the right to an uninterrupted break away from the
    direct work area, and should discuss any requests to leave a ward area or go off
    site with the NSM”.

    is this legal? are we entitled to leave the site as this break is un-paid and if not should we get paid if this occurs??

  • Stan

    I have read some of the above and, really, it’s quite ridiculous! Both the Government and Employers conveniently forget (in their favour) that Bank Holidays were given to Bank staff, who had no annual leave granted to them. However, these are for everyone not just the privileged few (i.e. offices, factories, etc.). Now that we are a multi-cultural-ethnic society and the aboriginal Britain is fast becoming a minority no one remembers the traditions with which we grew up. Irrespective of whether we are Christian or of some other persuasion Good Friday, Easter Day, Easter Monday, Christmas Day & Boxing Day, as well as the other Bank Holidays were respected. If a Muslim must go to Mecca when it beckons and celebrate his religious festivals why have our traditional festivals been eroded away? Shops were never open at Easter or Christmas; these holidays were sacrosanct. We need a damn good shake up in this country and a return to the traditions that we once had. And when we are given extra holidays such as for the Queen’s Jubilee and William’s & Kate’s Wedding last year, then everyone should have been given them. Our country was once the greatest Nation on earth and we were proud, but not any more; we have lost everything we ever stood for!
    Sunday Trading Laws are a waste of time and some things are allowed to be open all day, e,g, fuel stations. It’s totally unnecessary for anything to be open on a Sunday or a Bank Holiday. I appreciate that hospitals have to remain open, but I am talking about unnecessary things.

  • dot.crombie@hotmail.co.uk

    i work 4 hours a day as a cleaner do i get a break am 65 years old thanks

    • lesleyfurber

      Hi Dot, I’m afraid not, you need to work over 6 hours a day to be legally entitled to a 20 minute break. Regards, Lesley, Workline

  • Colin

    Hi Lesley I work as a lorry driver and I do 47 hours per week via the 17 week spread.

    To my disgust I am finding fellow drivers starting at 5 with there tacho cards and putting there tacho on rest whilst working on loading vehicles from 5:30 to 6:00 giving them there uk directive break allowing them to do deliveries then take another 30 minute break if close to 4 hour 30 for there EU break.

    Is this considered acceptable by law surely its not right to take break so early in to shift. Yes i know its illegal to work your break but I am also interested in knowing legality of early breaks.

    I am in the situation of being questioned about my duty as fellow drivers doing my job get back much earlier!

  • Rasa

    Hello,

    I want to ask about holiday for person who work 6 days a week. My employer gives my 28 days annual holidays (including bank holidays). And when I take my holiday for 2 weeks, it means that I used 12 days of may annual holiday, is that corect? because last year, when I was taking 2 weeks holiday, it was only 10 days of my annual holiday.
    Thanks

    • lesleyfurber

      Hi Rasa, I want to double check this before giving you an answer, so I’ll get back to you. Regards for now, Lesley

      • lesleyfurber

        Hi Rasa, I can’t find anything to say that using 12 days to take 2 weeks holiday is incorrect, based on the fact that your holiday pay for a week’s leave should be at your normal rate of weekly pay. Hope that helps. Regards, Lesley, Workline

  • ali

    Hi I work 48 hours a week and 192 hours month. I work 12 hour shifts . But when I go on holiday my employer only pays me 8.39 hours for each day of holiday I take. I should be paid for 12 hours for each day of holiday I yake. Are the actions of my employer legall?

    • lesleyfurber

      Hi Ali, is overtime included in your 48 hours per week? As holiday does not have to be paid on overtime hours, depending on whether your overtime is contractual not. Regards, Lesley, Workline

      • ali

        Hi lesley. No overtime just my 48 hours a week 192 hours a month. Are my normal working hours.

        • lesleyfurber

          Hi Ali, if you work 4 shifts a week have you calculated your holiday entitlement using the advice for ‘calculating holiday entitlement’ above? Regards, Lesley, Workline

  • Allan Jackson

    Hi Lesley,
    I am a security guard working 12 hour shifts for 7 nights and then have 3 days off through out the year. My contract allows me to take a maximum of two weeks annual leave at a time. I am just wondering whether my 3 days off should be counted as annual leave or should I omit them and count the 7 days I am supposed to be working.
    My second question is whether my employer has a legal obligation to pay extra for the unsocial hours from 11pm to 6am in the security industry.

    Regards

    Allan

    • lesleyfurber

      hi Allan, thanks for your message. You would need to check your contract but yes, generally the 3 days would be additional to the 7 days leave (as your Employer needs to give you 1 x 24 hour period off per week – or 2 x 24 hour periods off every 14 days – then definitely one of these ‘rest’ days can’t be counted as holiday). Your employer has no legal obligation to pay extra for unsocial hours I’m afraid. Hope that helps. Regards, Lesley, Workline

  • David

    Hi, I am a Manager in the NHS, contracted to work 37.5 hours per week. My boss insists that I am required to participate in an out of hours (12 hour shift) rota at weekends at a schedule of one weekend shift per month. This will mean that in addition to my 37.5 hours working week, I will have to work one weekend shift of 12 hours each month. I am 58 years of age in quite a stressful job and I do not wish to work any additional hours above my contracted 37.5 hours per week. I have discussed this with my boss but he has replied that non-participation in out of hours work is, “talking yourself out of a job”. I understand that I have opted into Agenda for Change. My question is….Under the terms of the Agenda for Change conditions, I am happy to work 37.5 hours per week, anytime, any place, so to speak, can my boss insist that I work in excess of these weekly contractual 37.5 hours.
    Thank you, David

    • lesleyfurber

      Hi David, I’m afraid I don’t know the details of Agenda for Change so don’t know how this impacts on anything. If your contract/terms and conditions only state the 37.5 hours per week then he is effectively changing your terms and conditions by asking you to work these extra hours. See this article for more details about that – http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/
      Regards, Lesley, Workline

  • Claire

    Hello, I work full time during the week, but I need to carry out a volunteer post during my weekends through my place of work to complete a masters, does the working time relgulations apply? Can I opt out and work 7 days a week if thats what I want to do?

    • lesleyfurber

      Hi Claire, thanks for your message. If the masters degree you are doing is required by work, then this would be seen as work related training, so then yes the hours would count towards the working week. You cannot Opt Out of the daily rest break, although if you work in an industry/job that is exempt from the rest break, then you don’t have to have the rest break but must receive the time back as ‘compensatory’ rest as soon as possible. Hope that helps. Regards, Lesley, Workline

  • janis westwater

    I have worked for my local council for 22 years as a care worker. During this time, i feel my attendence has always been good. I have only ever taken sickness leave when really needed. In the last 2 years i have had severe problems with my knees, but only took time off when i had injections and was told to rest after by the hospital. This was only 2 days!! I am contracted to working sat and sundays only!! So does my employer have the right to class other days during the week as sick? eg if i phone up thur and say i am unfit for work that is classed as day one? Then if i phoned up wed and said i am fit for work, although i have had only 2 working days off they say i have had 7 days off sick. This looks really bad on my record. My senior said to me 3 weeks ago, did i think my attendance was good. When i said yes he said he disagreed as i had 17 days absence in a year. Which really was only 9 days rest i don’t work. Does anyone else have experience with this problem and is it correct . Working with elderly people we are not allowed to go in with chest infections etc, so that has happened twice to me. Also i was really ill this last weekend, and went in work Sunday as i felt after his comment i had to. Then the other girls told me To go home, so i have had one day off work which will be classed as 4. My co workers think because i went in ill, it was like i was bullied into it. what does anyone else think thankyou .

    • lesleyfurber

      Hi Jane, thanks for your message. The way sickness is worked out in terms of payment (SSP or Occupational Sick Pay) is to count all days you are off sick, including weekends and bank holidays and any days you don’t normally work. This is called a Period of Incapacity to Work (PIW) in SSP terms.

      The days you normally work for your Employer are called a Qualifying Day (for SSP) and these are the only days that SSP can be paid to you.

      How your Employer actually counts your absence periods (not the pay due for them) may be different or may be the same. As you work for a Council I would expect them to have something in writing about this that applies to all staff (that will probably have been agreed with a Trades Union) – so it might be a good idea to look at their sickness policy.

      Hope that helps. Regards, Lesley, Workline

      • lesleyfurber

        Sorry, Janis! Regards, Lesley

  • miss munt

    hi I work mon to sat but in the summer holidays I do all my hours mon to fri so I get the sat off what I want to know is if I take holiday in the summer would I have to take the sat as holiday

    • lesleyfurber

      Hi Guest, you would need to check your contract but if it is agreed that you don’t work Saturdays in the summer then I don’t think you would need to take the Saturday off as holiday. Regards, Lesley, workline

  • Anita Lowe

    hi im a care worker and work fri/sat/sun/mon every week for 3.5 yrs – same company . they have been sending us on day courses relevant for the work i do – but unpaid . they used to pay us 20.00 but this has stopped . the courses are usually on my day of = tue/w/th/fr/ …..they say its mandatory that i attend these courses and they say they do not have to pay me for these courses.

    the courses are subsidised by the council – i have done about 2 or 3 courses a year

    • lesleyfurber

      Hi Anita, thanks for your message. Under the National Minimum wage laws, training done during your normal hours of work has to be paid – more details are here http://www.freelanceadvisor.co.uk/getting-a-job/the-minimum-wage-tvfilm-industry-rates-agency-workers-and-unpaid-work-experience/
      So they may be correct although I would need to check this out more. Regards, Lesley, Workline

      • Anita Lowe

        thanks ..can u find out more for me -

        1) training on my day off – should this be paid also ???

        thanks for all your help

        • lesleyfurber

          Hi Anita, I’ll see what I can do, it won’t be today as I don’t have the time. Regards, Lesley, Workline

          • Anita Lowe

            thanks for reply

  • SAVIO

    Hi I’ve worked a Sat , followed by the following next weekend , both Sat & Sun .Making it 12 days in a row. When i asked my MD that i needed to take the days off as i don’t get paid , I was told that she does not expect her Managers who work the weekends not to be expecting to be taking the days in lieu , what are the legal requirements for working the weekends if i do not get paid .

    • lesleyfurber

      hi Savio…. there are several exceptions to why you would not be entitled to a rest break/day – if you work in one of the industries that are ‘exempt’ (see above), or are a shift-worker or are defined as someone who works Unmeasured Working Time.
      This applies to a worker whose working time is not measured or
      pre-determined (and where the Worker has control over the number of
      hours they work) and they are excluded from all rest break provisions
      and the 48 hour maximum weekly working hours This
      generally applies to Company Directors (and specifically those with
      autonomous decision taking powers) and Managers. If you are working but not being paid then you need to make sure you are earning at least the national minimum wage for all the hours you work (which is now £6.31 per hour). Hope that helps. Regards, Lesley, Workline

  • Maggie

    I have a question about my holiday entitlement and I would really appreaciate some advice from you.

    For fiscal year 2013/2014 I am working as follows:

    Apr – May : Full time, 5 days, 40 hours a week (8 hours a day)
    June – Sept: Part time, 5 days, 20 hours a week (4 hours a day)
    Oct – Mar: Full time, 5 days, 40 hours a week (8 hours a day)

    So that means for 4 months I worked Part time, 5 days, 20 hours a week (4 hours a day) and for 8 months I worked Full time, 5 days, 40 hours a week (8 hours a day).

    My employer is trying to tell me that for the 4 months I worked part time I am only entitled to take 3.33 annual holiday days and for the remaining 8 months I worked full time I am entitled to take 13.33 days.

    I don’t believe this is correct as I worked 5 days a week for the whole year.

    Can you please advise me?

    • lesleyfurber

      Hi Maggie, thanks for your message. For the period you work part-time then your holiday entitlement is pro-rata’d for this (based on the hours you work, not the days you work). Obviously I’m sure what your annual holiday entitlement is, but based on the statutory holiday entitlement you’d be entitled to 18.67 days for the 8 months you work full-time and 4.67 days for the 4 months you work part-time (including bank holidays). Hope that helps. Regards, Lesley, Workline

  • Den Lan

    I work full time can I use my holiday as a say of a week, without an health issue or with a health issue

    • lesleyfurber

      Hi Den, I’m not entirely sure what you mean? Can you explain in more detail? Regards, Lesley, Workline

  • sarah

    can someone help me work out my holiday pls??

  • Den Lan

    Hi I would like to use my holiday as an extra day break a week in stead of taking a full week in one go can I do this

    • lesleyfurber

      Hi Den, yes you can do this, but your Employer would have to agree to it. Regards, Lesley, Workline

  • laura

    Hi my colleague at work has had her hours reduced from 28 to 18 as she had to change jobs within the company rather than me made redundant. She has now been told that she has used more holiday than she is entitled to and has to pay it back or work up the hours. Is this right as it is no fault of hers and she has used the holidays that were allocated to her. These holidays have all been authorised.

    • lesleyfurber

      Hi Laura, thanks for your message. Obviously I don’t know what the timescale for this or how much she has over-taken – it does seem slightly unfair in the circumstances. Is she able to come to a compromise with your employer where perhaps she does more hours over a long period of time etc. Regards, Lesley, Workline

  • Bill

    My company is looking to roll out the dupont shift working system, so as follows: nnnnooodddonnnooodddd then a week off, now they’re classing the off days inbetween shifts as rest days then the week off after as holiday. We are being told that we get no further holidays on top of the shift rota and that are days off are worked into the rota. Can they do this? or are we entitled to further days off?

    • lesleyfurber

      Hi Bill, thanks for your message. Yes the days off in between shifts can be classed as your rest days (you need at last 1 x 24 hour per 7 days or 2 x 24 hours per 14 days). If you are getting your statutory holiday entitlement of 28 days (which can include bank holidays) the week after the shift pattern ends, then this should be ok too – your employer can ask you when to take your holiday as long as they give you the necessary notice to do so. Hope that helps. Regards, Lesley, Workline

  • Abi

    Im about to start a job in retail and will be working 5 days from 7 on a non fixed rota. I have 28 days leave to take but am a little unsure how they may work this out on an unfixed rota? For instance will a fri – monday long weekend get counted as 4 days leave or two?
    Thanks for your advice

    • lesleyfurber

      Hi abi, thanks for your message. You need to ask your employer how they manage it, as employers can do different things and may nominate some days as ‘normal’ days off or not. Regards, Lesley, Workline

  • Ellie Cameron

    My partner is a HGV mechanic and he covers call every other week (understaffed)

    He could get called out a lot between 6 at night and 6 in the morning so has a little as 4 hours sleep. Then he does his normal shift of 7-5 with little sleep

    What is the law on this?

  • sophie

    Hi I work 5 days one week and then 5.5 days the next week how many days holiday am i entitled too if i have to take my extra half day in my holday usage

    • lesleyfurber

      Hi Sophie, thanks for your message. I’m not totally clear I understand the question. The maximum you would be entitled to is 28 days. Regards, Lesley, Workline

  • Beki88

    I am on a 15 hour contract with my employer then we can pick up any extra hours we want from a rota before a month starts. My guaranteed days are 3 days a week although this is subject to change at any point. I think per year we get 86 hours however we are only permitted 3 hours pay on each day. Eg Saturdays I do 7 hours but if I have a holiday only get 3 hours pay (and 3 hours deducted from my holiday allowance) meaning if I want to maintain the same wage I have to pick up the remaining 4 hours pay on another day. Is that right? It’s ridiculous that to book a holiday and get same take home pay you have to work another day instead :( EDIT if it helps I work from home but have a full contract.

    • lesleyfurber

      Hi Beki, thanks for your message. I’m afraid I don’t understand this at all, has it got something to do with your hours changing constantly? It may be ok, but without more details it’s difficult for me to understand. Regards, Lesley, Workline

      • Beki88

        I’m not sure, I only ever worked full time and when I took a day off I got paid for the full day. The holiday system is confusing at my current job. My permanent hours are: 6 hours Monday, 2 on Friday and 7 on Saturday. If I wanted to book that week off for instance, I would get paid 3 hours for Monday, 2 for Friday and 3 for Saturday, as regardless of how many hours we do on one day 3 hours is the maximum I get paid for. So in this example full wage would be £94.65, however holiday pay would be £50.48. I read somewhere that holiday pay should be the same as weekly wage? Sorry if it’s confusing.

        • lesleyfurber

          Hi, if your hours of work are ‘permanent’ ie. they are contractual and are not related to overtime then you should be paid ‘normal’ pay during holidays. At the moment, over-time does not have to be included in holiday payments but that may change soon due to cases that are currently going through the courts. Where hours are variable, the holiday pay you receive should be based on the ‘average’ hours you have worked over the last 12 weeks. Apart from that there is not much more advice I can give you, as this doesnt’ make a lot of sense. Is there anything written down where you work (contract, policy) that might explain how they work it out? With regards, Lesley, Workline

  • Margot Hood

    My daughter is in full time education and just coming up to 18 years of age. The hotel she works part time for has her working every weekend Friday/Sat 6 til 12.30pm then Sunday morning at 7am. She is exhausted and is trying to study for highers. She explained the considerations re her education at her interview and they appeared to be in agreement but now are completely disregarding this for their own ends as their full time staff keep leaving. Are they allowed to do this? I have learned that this is not uncommon for them to do this and a lot of parents in the area are not happy at the hotel’s treatment of their young employees, Grateful for any advice.

    • lesleyfurber

      Hi Margot, thanks for your message. Basically as your daughter works part-time (and is a shift-worker) then the Employer is probably not doing anything wrong as she gets her full daily rest breaks after she has finished work. Your daughter will have to decide basically if she can drop a shift, so she gets more rest. Good luck. Regards, Lesley, Workline

      • Margot Hood

        Thanks Lesley but the problem is that they will not let her state when she is available. They are telling her that she has to work these shifts. She would gladly drop a shift if she felt she could.

  • Dan

    Hi,
    I am in a contract at work for annualised hours of 3000, less 20 days leave and 8 days bank holiday. Our shift system has us only working 2270 I think. The shift pattern is 21 days long, with us working 13 of them, consisting of 6 days and 7 nights. We are only given the hours we work on a bank holiday back, and ones that fall on our day off we lose, as they say it’s worked into our hours somehow. They have just changed our holiday entitlement into hours totalling 224 including bank holidays. This allows each of the 28 days off to be 8 hours long. Only 4 out of the 13 days in our shift pattern are 7 hours long, the rest are 12, so if we were to take the 20 days holiday off on our 12 hour days then we would only end up getting 13 days off. Bit complicated, but is this legal and does our contract allow it?
    Thanks for any advice in advance

  • catherine

    is there a limit on how many weekends i am expected to work if it is in my contract that sat and sunday work will be via rota. i work 12.5 hour nights and end up always having to work wed thurs fri or thurs fri sat. other people only work the beginning of the week. i did not agree to set night shifts and have continually asked for the rota to be fair between all staff. what can i do so i dont have to work every weekend?

    • lesleyfurber

      Hi Catherine, thanks for your message. It’s going to depend exactly what your contract says about your working hours/rota’s etc (how tightly it is written, or not) – probably the only thing you can do is keep asking; you could always put something in writing to your Employer. Good luck. Regards, Lesley, Workline

  • Vicki Harris

    Wondering if you can help at all, I currently work 28 hours a week and get 28 days holiday entitlement: I work 5 days a week with every other day being a half day e.g Monday 9-1, Tuesday 9-5 etc. so although I am in 5 days a week I actually work 4.5days per week. I booked off a Friday (9-1) and a Monday (9-1) so two half days thinking I could make a nice long weekend and it would only count as 1 days holiday yet it has been taken as two? Im only 20 and its all a little unclear to me how this should be and if this is acceptable or not but to me it seemed a little iffy especially as there is no mention of this with in my contact it just says ’28days holiday’ leading me to believe this means working days. This is the first time i have booked holiday time off and this was a bit of a shock to me at first, I would appreciate it greatly if you have any information on the matter for me. Many Thanks

    • lesleyfurber

      Hi Vicki thanks for your message. Holiday entitlement for part-timers is complicated, especially if you work different hours each day. If your holiday entitlement is expressed in ‘days’ then if you take a ‘day’ off (of any length) that is likely to be a ‘day’s’ holiday, if you see what I mean. It would be easier if your employer gave you an annualised hours holiday entitlement (based on the hours you work each week) so you actually take the hours off. As they are doing it at the moment, as long as you get 28 ‘days’ off in the year, then they are probably not doing anything wrong.

      • lesleyfurber

        Sorry that went before I had chance to finish. Hope that helps. Regards, Lesley, Workline

  • claire

    Hi, if I work two hours a day seven days a week should I be entitled to 28 days holiday or 78.2 hours.Also is it legal to have to work seven days a week,week in week out.thank you

  • Dolly

    Hi Could you clarify something please? I work 2 days per week, Tuesday & Thursday and get 12 days holiday entitlement which include any bank holidays such as Christmas and New Year. My colleague who works 3 days per week gets 12 days Holiday entitlement plus all bank holidays i.e., 20-21 days per year instead of the 17 she should receive.
    Can my employer have two people who do the same job on different holiday entitlements like this? Also do we have to use holidays for Bank holidays or can we opt to take unpaid leave?

    thanks, Dolly.

    • lesleyfurber

      Hi Dolly, thanks for your message. It is unusual for an employer to give different holiday entitlements to staff doing the same job (unless they have a policy of giving more holiday to people with more service, which does happen.) You do not need to be paid for taking a bank holiday off, this is up to your Employer and what they wish to do. Regards, Lesley, Workline

  • Daniel

    What rules apply to the wind energy ( wind turbines) when you sail out to the turbines everyday on a 14 on 7 off shift pattern?

    • lesleyfurber

      Hi Daniel, if you mean rest-break rules then the same that applies to all shift-workers (see the ‘exempt’ categories above). Regards, Lesley, Workline

  • Mel

    Hi,can you advise. I have worked for my company for over 4 years, its a 24/7 site and when I started I could work any shifts. For over 1yr now I have been working 6-2 Mon-Fri. I am currently having a week off and have received a text to say my shifts have changed for the 2 weeks when I go back, I am no longer able to work different shifts, Where do I stand with my rights?

    • lesleyfurber

      Hi Mel, thanks for your message. If your contract states you can work any shift then it’s likely you will need to do this. It’s unlikely that working one shift for a year would imply a ‘custom and practice’ that would mean they are now changing your terms and conditions – more details are here http://www.freelanceadvisor.co.uk/go-freelance-guide/custom-and-practice-and-employment-contract-terms/
      Can you speak to your Employer to explain your situation and see if you can reach a compromise? Regards, Lesley

  • Joseph colby

    Can my company have me work 2 15 hour shifts back to back and only allow me to work less then 5 hours a day to prevent me from getting over time?

    • lesleyfurber

      Hi Joseph, I replied to your similar post on another page. Regards, Lesley, Workline

  • Liane

    My son in law is employed on a 24 hours a week contract. Last week he was given one 8 hour shift and next week he also only has one 8 hour shift. Are his employers allowed to do this or is he entitled to be paid for the 24 hours that he is employed for? Thank you

    • lesleyfurber

      Hi Liane, if he is guaranteed 24 hours a week then he should be paid for that, unless his contract allows a right to short time working/lay off. Regards, Lesley, Workline

  • Adrienn Kiss-Vass

    Hi, Can you help me please, if I do two 8 hours shift per week with a half an hour rest break each day, would I qualify for help with childcare and tax credit? Or I have to work 8,5 hours per day. So all I want to know is the rest break can be included in the 8 hours or not? Thank you.

    • lesleyfurber

      Hi Adrienn, thanks for your message. I’m afraid I can’t help you with this, you need to ask Job Centre Plus or look on http://www.gov.uk regarding benefits. Regards, Lesley

  • Qamar Kaashi

    I’m working in XYZ Ltd for 6 years. I’m on 4 on 4 off (12 hours shift
    1hr unpaid break incl.) and pay is based on hourly rates. company’s
    holiday year is from 01st April to 31st March. As per contract my
    holiday entitlement is of 18 paid holidays + bank holidays which i can
    use as a holiday leave once they accrued. if a bank holiday falls in my
    shift i need to work that day and i get a liu day instead which as said
    above can use as a holiday leave. This year i’ve not used any of my holidays uptill 31st August.
    I
    was offered a job in different deptt within same company i accepted and
    signed a new amended contract starts from 01st Sep. Now I m on a fix
    monthly Salary working Mon-Fri (9-5) and my holiday entitlement is 26
    days off in a whole year.
    now they are giving me 7.5 days for time i
    worked on 4on4off shift + 3 bank holidays and 15 days to be accrued for
    next 6 months total 24.5 days. remember i have not used any single day
    in last 6months.
    My theory is that 7.5 days was to be used in 4×4
    shift pattern based on hourly basis and now has to be converted into
    10.8 days (18days=26days ratio) but they are not agree with this and
    telling me that its on days basis i.e 4 days out of 7 and new roel is 5
    days out of 7 so can’t be converted.
    You are requested to help me on this issue with refrence to working time regulations, U,K and E.U law. Thanks in advance.

  • Martyn

    Hello; I was until a week ago the manager of a pub, for which i lived on the premises. I have a two queries that I hope you may be able to advise upon.
    Firstly, I had no written contract with the owners of the business, and not much of a verbal one either. I averaged around 60+ (I also worked all bank-holidays) hours a week working in the pub for which I was never offered an opt-out of the Working Times Directive. How do these actions, or lack of actions, stand legally?
    Secondly, I had a sum of £80.00 deducted from my pay, for which i was told that was due to a shortfall in the weekly take. I have read that this is unlawful, but would like to hear your advice.
    Many thanks.

    • lesleyfurber

      Hi Martyn, thanks for your message. As an employee you should have had a written statement of your terms and conditions. You should have also been offered the chance to opt back ‘in’ to the 48 hour per week working limit. Now you have left though, the only thing you could do about this is take them to an employment tribunal for breaching your employment rights – it might be worth you talking to Acas to see if they would advise this or not (now there are fees to go to an employment tribunal it may not actually be worth the hassle and expense for you, considering the amount you might be awarded if the tribunal agreed with you). Your Employer is allowed to deduct money from your pay in certain circumstances and if this is written into you contract of employment (!) More details about pay deductions are here – http://www.freelanceadvisor.co.uk/go-freelance-guide/pay-and-wages-pay-cuts-protection-from-unauthorised-deductions-from-your-pay-2/
      Hope that helps. Good luck. Regards, Lesley, Workline

  • Charlotte

    Hello, As part of my job i am required to travel internationally….often my flights are at 6am, be at the airport 2 hours prior and 2 hour travel to the airport means i have to get up at 2am…I am at work until 5 the previous day….is this right??? Also my flight home is normally landing at 10.30, so arrive home at 1am, but am expected to be in work for 8am the following day (this also has a 1 hour commute) so i have to leave my house at 7am, meaning i have to get up at 6am, thus only allowing me to get a maximum of 5 hours rest……I am from the UK. Is any of this illegal??

    • lesleyfurber

      Hi Charlotte, thanks for your message. It probably is legal, it’s going to depend how often it happens – you need to work out your average hours of work over a ‘reference’ period which is usually 17 weeks. Our updated Guide to the WTR is here – this article no longer updated – http://www.freelanceadvisor.co.uk/go-freelance-guide/working-time-regulationsworking-hours-rest-breaks-holiday-entitlements-working-time-directive-and-bank-holidays/
      Regards, Lesley, Workline

      • Charlotte

        Is this because travel time is classed as a ‘rest period’ even though you dont ‘rest’ ?

        • lesleyfurber

          hi Charlotte, not really, you need to work out your average working hours and rest time to see if this is legal or not. Time spent travelling outside of normal working hours (for example an
          early meeting at a client’s premises where this requires travel the
          night before, this time is not counted). Regards, Lesley, Workline

  • Tammie

    Hello…
    I work in Tesco on shift work… It is very common that we do not reach an 11 hour rest period between shifts, however recently I slept in by 30minutes on a shift with only 8 hours rest period between shifts and got a warning for this. Could you advise me if this is allowed or even legal?

    • lesleyfurber

      Hi Tammie, as a shift worker you are probably exempt from the need to have a 11 hour rest period – but you need to get the rest you didn’t receive (out of the 11 hours) as soon as possible afterwards, this is called ‘compensatory’ rest. So this is probably not illegal. Regards, Lesley, Workline

  • laura

    Hello. My partner works in One Stop and I would just like to ask whether the way they work the roster is actually legal, because as far as I am aware it is illegal. On multiple occasions he has been rostered until 11pm, to then be rostered back in at 6am in the morning. He is not a shift worker, as it is a shop open between 6am and 11pm, so therefore should not count as ‘compensatory’ rest. His manager states that she is allowed to roster him these shifts every 26 weeks, which sounds like absolute rubbish to me (as well as the fact he has not even worked there 26 weeks, and it has happened more than once!) If you find this is not correct procedure, how do we go about this situation without causing more friction between him and the manager?

    Thank you

  • simon

    hi , im wondering if you could clarify something for me ..

    i started working for a company almost 2 years ago , when i started , i was put on a 15 hour contract , because another worker was on sick , and i was told that they did not know if he was returning to work or not .
    after 2 years , he has not returned , i don’t think he will be back any time soon ! im still on the 15 hour contract , and feel this was used as an excuse to employ me on a 15 hour contact ! could you please explain why i am still on the 15 hour contract , i have spoken to other people , that say , it is based on the needs of the company , which makes no sense ! the company obviously needs me to work full time hours , as i have done for the last 2 years ! i have also heard it depends on how long you have been working for the company , which also makes no sense , as i have asked another person who has been working for a company for a lot of years if my contact would be changed to a full time contact , if i was working for the company for xx amount of years , he said no !

    the reason im asking about this is because for the last 2 years , i have only had a few holiday days off here and there , because i am informed that my paid holidays are paid for at contacted hours , basically , if i take a week off on paid holiday , i only get paid for the 15 hours , i can not afford to do this ! , my contract says i am entitled to xx amount of holiday days , which i can not take for the reason i have stated !!

    seems like this company has found a legal way of stopping me from taking holidays my contract says im entitled to ?

    thanks simon

    • lesleyfurber

      Hi Simon, thanks for your message. There is nothing at the moment I’m afraid to stop your Employer employing you on a 15 hour contract but you actually working longer hours. They do not have to increase the hours in your contract depending on how long you work there. At the moment your company can only give you holiday entitlement based on your contracted hours – however at some point this year that is expected to change… there are several cases about holiday entitlement going through the Courts – you can read all the details here http://www.freelanceadvisor.co.uk/legal-advice/calculating-holiday-pay-confusion/
      So fairly soon what your Employer is doing is likely to be declared illegal. Good luck. Regards, Lesley, The HR Kiosk

  • Sarah

    I work 6 hour shifts in a dental practice 8-2. The first patient comes in at 8 so I have to be in work at 7.45 in order to open up and have the computer system ready. After my shift I am expected to walk or drive into town (out of my way) to drop the takings at the bank which takes another 15/20 mins. I do not get paid for this extra time nor do I receive a break as I am technically contracted for 6 hours. Is this allowed?

    • lesleyfurber

      Hi Sarah, thanks for your message. The only law regarding pay is that you must be paid the National Minimum Wage for all the hours you actually work so you need to work out what you are actually paid and compare this to what you would be paid at the NMW rate for the hours you actually work. Regarding the break, you should receive ‘compensatory’ rest for this break if you do not get one. Regards, Lesley, The HR Kiosk

  • Connor Hercules Brunning

    can I get a paid break if I work under 10 hours because I only get 45 mins unpaid break? and how long can my employer keep me on after my shift even tho I am getting paid?

    • lesleyfurber

      Hi Connor, there is no legal right to a paid break, only a right to a 20 minute unpaid break. Your Employer can choose to pay for a break but they don’th have to. You Employer can keep you on after you shift for a ‘reasonable’ amount of time – as long as you are receiving at least the national minimum wage for all the hours you actually work. Regards, Lesley, The HR KIosk