holiday and bank holiday pay entitlements

irelandhouse

hi there, just to ask a question on calculating employee's pay entitlments.

Contract is 21 hours per week, however have been working 39 hours per week for the last 2 years. Company would not amend contract. The way the pay would be done is 21 hours as basic and the balance paid as overtime @ basic hourly rate.

The company insists that they do not have to take into account the 'overtime' hours when they are calculating the hours to base my holidays or public holidays on ?

This doesnt appear to be fair as I have for 2+ years been working 39 hours per week and it was only becuase they wouldnt amend my contract that there is an issue with my pay entitlements!

They also say that they only have to deal with the current holiday leave year and not previous to this!

As my 'contract' days were tuesday, wed and thursday. They reckon that my public/bank holidays wouldnt be paid as they day is not part of my 'working week'!

From looking on the NERA website and reading the Working Time act it does seem to state the overtime bit!

any help very much appriciated.

Zil2011

Not sure about the overtime thing, but bank holidays you are entitled to, even if you work 'part-time'. Say Bank holiday falls on a Monday and you only normally work Tues, Wed and Thurs. you are entitled to one fifth of your weekly pay for the Monday. So say you get €200 a week for Tues, Wed and Thurs, on a week where a bank holiday is on a Monday (e.g. Easter Monday) you should get €240 for that week.

ScouseMouse

Complete rubbish. All hours work accrue holiday entitlement.

Ring NERA

tatli_lokma

If you work 1365 hours in a year (and at 39hrs per week you would certainly exceed that) you are entitled to minimum statutory annual leave - i.e. 20 days.

Same goes for public holidays - if you worked 40 hours in the preceding 5 weeks before the holiday, then you are entitled to a full days paid leave for the bank holiday, or a day in lieu.