bit-tech.net

nightblade628 · 7th Nov 2012, 12:32

Hey guys, I'm in a bit of a bind. I work for a large retailer and they're only giving out 6 hour contracts, which I've been on for over a year, while working full time hours (35+ per week). I've just been on holiday for 2 weeks and it looks like they've only paid my contracted hours (6 per week) for holiday while senior guys on 35 hour contracts are getting 35 hours pay per holiday week. The company insists this is fair but a friend in a recruitment company said that after a year, if you're clearly working full time hours they have to pay more holiday hours.

Does anyone have any legal clarification on this? Are they allowed to pay you virtually nothing for holiday if you're a long time full time worker on a lower contract??

CarlT2001 · 7th Nov 2012, 12:37

Why are you working full time hours on a 6 hour contract?

WarrenJ · 7th Nov 2012, 12:40

Seek legal advice from citizens advice bureau.

Archtronics · 7th Nov 2012, 12:51

I'm in a similar boat at a well known PC store, if you signed a contract then there's not much you can do other than to request a change of contract.

steveo_mcg · 7th Nov 2012, 13:28

There is some legislation the treatment of temp staff where by if they've been effectively a full time employee they should be treated as such even if they are agency. At least there is in Scotland, I'm not lawyer but my wife has a law degree and talks at me at times...

Go see CAB or a lawyer but I think your friend is right, if you've been on a pt contract whilst working ft for a long period of time you are a de-facto fte (full time employee) and should be treated as such.

VipersGratitude · 7th Nov 2012, 13:35

.pdf - page 5

eddie543 · 7th Nov 2012, 13:42

When I did work experience for a recruitment company the recruitment concultants gave holiday pay by the number of hours the agency staff worked. I think that was because flexible workers are entitled to paid holidays in relation to the hours previously worked after a certain number of weeks working for the employer.

Quite frankly it sounds fairly dodgy to me.

Flibblebot · 7th Nov 2012, 15:22

I always thought it was based on average hours worked over a twelve-week rolling period. I'd definitely talk to CAB or your union rep if you have one.

Krikkit · 7th Nov 2012, 15:45

Sounds a bit dodgy to me, speak to CAB as they will be able to find exactly what you need. You should be entitled to full leave based on your actual worked hours though, as it is statutory leave for all workers.

Shirty · 7th Nov 2012, 15:50

Quote:

Originally Posted by Flibblebot

I always thought it was based on average hours worked over a twelve-week rolling period. I'd definitely talk to CAB or your union rep if you have one.

This. You are owed money, seek advice ASAP.

nightblade628 · 7th Nov 2012, 17:41

Guys, you are amazing, thank you so much for your help. As it stands, I'm underpaid and I don't know why, so I have to wait for the boss to come back in on Friday to find out what's going on. They've done the whole 6-hour holiday contract thing to loads of people at work and I refuse to become their next victim. You wouldn't expect this from a massive electrical retailer.

Harlequin · 4th Dec 2012, 04:27

yeah you would - tesco`s do the same for there flexitime staff - 7 1/2 hour contracts for ` dot com` and 10 hours for tills.

makes that £5 a month for union membership seem a good idea

Kovoet · 4th Dec 2012, 07:44

I've been retail management for years. It is now a common thing to dip this unfortunately. They say there is less people out of work, yrs there is but people on small hourly contacts his. Also until you work 37 and a half hours they will not pay time and a half for overtime.

It's not right but with all the foreigners coming in and willing to do this it has made easier for retailers to do this.

Shirty · 4th Dec 2012, 08:54

I wish I got paid extra for overtime. I'm working 14 hours a day 6 days a week at the moment and I don't get a single, solitary groat extra for the effort.

Kovoet · 4th Dec 2012, 09:06

Quote:

Originally Posted by Shirty

I wish I got paid extra for overtime. I'm working 14 hours a day 6 days a week at the moment and I don't get a single, solitary groat extra for the effort.

It's worse for some Managers. Sometimes I work between 70 to 80 hours and my guys who aren't in Management come out with more than me as management get no overtime at all.

Risky · 4th Dec 2012, 17:38

My wife has a couple of small shops where the staff are paid by ther hour on a zero-hours contract. When we looked at it the holiday entitlement accrues by the hours worked it's effectively 12% or so.

See https://www.gov.uk/holiday-entitlement-rights and it has a calculator.

Shirty · 4th Dec 2012, 18:20

Quote:

Originally Posted by Kovoet

It's worse for some Managers. Sometimes I work between 70 to 80 hours and my guys who aren't in Management come out with more than me as management get no overtime at all.

I'm not in too bad a position. Working 80-90 hours but I still make a little bit more than my team of temps because they're only on £8.50/h. But they come worryingly close in December

longweight · 4th Dec 2012, 18:21

Quote:

Originally Posted by Shirty

I wish I got paid extra for overtime. I'm working 14 hours a day 6 days a week at the moment and I don't get a single, solitary groat extra for the effort.

That sounds like a **** working lifestyle!

Shirty · 4th Dec 2012, 18:25

Christmas ****ing hampers mate

Three weeks today, however

longweight · 4th Dec 2012, 18:27

Sounds like you need a new job! I couldn't work in retail, I hate the public.

7th Nov 2012, 12:32	#1
nightblade628 Multimodder Join Date: Dec 2009 Posts: 231	6 hour contract? Hey guys, I'm in a bit of a bind. I work for a large retailer and they're only giving out 6 hour contracts, which I've been on for over a year, while working full time hours (35+ per week). I've just been on holiday for 2 weeks and it looks like they've only paid my contracted hours (6 per week) for holiday while senior guys on 35 hour contracts are getting 35 hours pay per holiday week. The company insists this is fair but a friend in a recruitment company said that after a year, if you're clearly working full time hours they have to pay more holiday hours. Does anyone have any legal clarification on this? Are they allowed to pay you virtually nothing for holiday if you're a long time full time worker on a lower contract??

7th Nov 2012, 12:37	#2
CarlT2001 Supermodder Join Date: Jul 2004 Location: Horsham, UK Posts: 433	Why are you working full time hours on a 6 hour contract? __________________ *Antec 300::OCZ 700W ModExtreme PSU::Asus P6TD Deluxe::i7 920::6gb OCZ 1866::Titan Fenrir::1Tb F3 Spinpoint, 1Tb F1 Spinpoint::Sapphire HD5770*

7th Nov 2012, 12:51	#4
Archtronics I am a Dremel Join Date: Jun 2006 Location: Chester or Nottingham Posts: 1,777	I'm in a similar boat at a well known PC store, if you signed a contract then there's not much you can do other than to request a change of contract. __________________ Now an Architect

7th Nov 2012, 13:28	#5
steveo_mcg STILL ALIVE Join Date: May 2005 Location: Edinburgh Posts: 5,741	There is some legislation the treatment of temp staff where by if they've been effectively a full time employee they should be treated as such even if they are agency. At least there is in Scotland, I'm not lawyer but my wife has a law degree and talks at me at times... Go see CAB or a lawyer but I think your friend is right, if you've been on a pt contract whilst working ft for a long period of time you are a de-facto fte (full time employee) and should be treated as such. __________________ ook

7th Nov 2012, 13:35	#6
VipersGratitude Ultramodder Join Date: Mar 2008 Posts: 1,186	.pdf - page 5 __________________ "Power without love is reckless and abusive; Love without power is anemic and sentimental" ~- Dr. Martin Luther King

bit-tech.net

Site Links

Our Other Sites

7th Nov 2012, 13:42	#7
eddie543 Snake eyes Join Date: Apr 2009 Location: manchester Posts: 262	When I did work experience for a recruitment company the recruitment concultants gave holiday pay by the number of hours the agency staff worked. I think that was because flexible workers are entitled to paid holidays in relation to the hours previously worked after a certain number of weeks working for the employer. Quite frankly it sounds fairly dodgy to me.

7th Nov 2012, 15:22	#8
Flibblebot Gimp dog! Join Date: Apr 2005 Location: Nowhere interesting Posts: 3,546	I always thought it was based on average hours worked over a twelve-week rolling period. I'd definitely talk to CAB or your union rep if you have one. __________________ My uber-system: 66Mhz 486DX2, 8Mb RAM, 20Mb hard drive, 256 colour VGA adaptor (goes all the way up to 800x600!), keyboard AND serial mouse

7th Nov 2012, 15:45	#9
Krikkit Super Moderator Moderator Join Date: Jan 2003 Location: Lancs, UK Posts: 22,001	Sounds a bit dodgy to me, speak to CAB as they will be able to find exactly what you need. You should be entitled to full leave based on your actual worked hours though, as it is statutory leave for all workers. __________________ The Good, The Bad, The Ugly, The Zlad!, The Wut?!, The Kempness

7th Nov 2012, 17:41	#11
nightblade628 Multimodder Join Date: Dec 2009 Posts: 231	Guys, you are amazing, thank you so much for your help. As it stands, I'm underpaid and I don't know why, so I have to wait for the boss to come back in on Friday to find out what's going on. They've done the whole 6-hour holiday contract thing to loads of people at work and I refuse to become their next victim. You wouldn't expect this from a massive electrical retailer.

4th Dec 2012, 04:27	#12
Harlequin Mod Master Join Date: Jun 2004 Location: Eastbourne ,East Sussex ,UK Posts: 2,971	yeah you would - tesco`s do the same for there flexitime staff - 7 1/2 hour contracts for ` dot com` and 10 hours for tills. makes that £5 a month for union membership seem a good idea __________________ i have a 3dfx voodoo5 6000

4th Dec 2012, 07:44	#13
Kovoet Do I or Don't I Join Date: Aug 2009 Location: London, Harrow Posts: 4,393	I've been retail management for years. It is now a common thing to dip this unfortunately. They say there is less people out of work, yrs there is but people on small hourly contacts his. Also until you work 37 and a half hours they will not pay time and a half for overtime. It's not right but with all the foreigners coming in and willing to do this it has made easier for retailers to do this. __________________ [Coolermaster Cosmos II] [i7 i2700K] [Hydro H100i] [ASUS GTX680 DirectCUii Top] [16GB Corsair Vengeance 1600mhz] [Asus Sabertooth Z77] [Corsair AX850] [1 x 300gb VelociRaptor] [1 x 1TB samsung F3] [Dell U2312H & U2311HM] [Corsair K90] [Belkin (razer) N52te] [ASUS ROG Vulcan] [120GB Corsair pro SSD] [ Mushkin 120GB deluxe SSD Sata 3 ][Logitech G9x] [ASUS Xonar DX soundcard] Asus Nexus Tablet

4th Dec 2012, 08:54	#14
Shirty Good news everyone! Join Date: Apr 2010 Location: Salisbury, UK Posts: 5,633	I wish I got paid extra for overtime. I'm working 14 hours a day 6 days a week at the moment and I don't get a single, solitary groat extra for the effort. __________________ 2500K \| Corsair H55 \| HIS 7950 \| 8GB XMS3 \| 128GB Crucial M4 \| Samsung 2TB \| ASRock H77M-ITX \| Corsair CX500M \| White Bitfenix Prodigy \| Dell U2311H \| Creative T6060s \| Ducky G2 Pro TKL (Reds) \| Logitech G500 Why.

4th Dec 2012, 17:38	#16
Risky Mod Master Join Date: Sep 2001 Location: Cornwall and London Posts: 2,817	My wife has a couple of small shops where the staff are paid by ther hour on a zero-hours contract. When we looked at it the holiday entitlement accrues by the hours worked it's effectively 12% or so. See https://www.gov.uk/holiday-entitlement-rights and it has a calculator. __________________ As a rule watercooling can be simple, affordable and effective... I guess I just like to break the rules.

4th Dec 2012, 18:25	#19
Shirty Good news everyone! Join Date: Apr 2010 Location: Salisbury, UK Posts: 5,633	Christmas ****ing hampers mate Three weeks today, however __________________ 2500K \| Corsair H55 \| HIS 7950 \| 8GB XMS3 \| 128GB Crucial M4 \| Samsung 2TB \| ASRock H77M-ITX \| Corsair CX500M \| White Bitfenix Prodigy \| Dell U2311H \| Creative T6060s \| Ducky G2 Pro TKL (Reds) \| Logitech G500 Why.

4th Dec 2012, 18:27	#20
longweight GIFted Join Date: May 2011 Location: London Posts: 9,067	Sounds like you need a new job! I couldn't work in retail, I hate the public. __________________ Longweight's Mechanical Keyboard Guide!