Q&As

If bank staff are contracted to work four hours per week but are in fact scheduled to work 30 hours (and required to work those hours), even though there is nothing in their contract about overtime, is holiday pay calculated on the basis of the total hours worked, or the agreed four hours per week?

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Published on LexisPSL on 24/02/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If bank staff are contracted to work four hours per week but are in fact scheduled to work 30 hours (and required to work those hours), even though there is nothing in their contract about overtime, is holiday pay calculated on the basis of the total hours worked, or the agreed four hours per week?

A worker has the right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 to a total of 5.6 weeks’ annual leave each year, made up of:

  1. a basic entitlement of four weeks’ annual leave, implementing the right to annual leave under Directive 2003/88/EC, the Working Time Directive, and

  2. an additional entitlement of 1.6 weeks’ annual leave, which is a right under domestic legislation only

A worker also has the right to be paid for that annual leave.

See Practice Note: Holiday pay.

Different methods of calculating statutory holiday pay apply, depending on the pattern of the working hours of the worker con

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