timmy2take

iTrader: (7)

In my contract it says that we get 5.6 times our 46 hour week.

So to me that means 5.6 weeks. We've been told we can only have 28 days off though. Is this correct?
Also were being made to take 7 days annual leave when taking a week, even though we work alternate shifts either 2 or 3 days a week. Is this legal?

john_s

iTrader: (1)

5.6 weeks is 28 days (assuming a 5 day working week).

Taking 7 days for a week sounds a little odd. I'd expect that you'd just take the number of days leave that you weren't in work, based on your normal shift pattern.

Snazy

Assuming you work the 46 hours a week and none of it is unpaid then you are indeed correct 5.6 weeks or 257.6 hours.

As for the shift work thing, thats slightly more complex. Any holiday you are entitled to would not need to be taken over a normal unpaid rest day. If you did 3 on, 2 off, 3 on, 3 off and took the whole period off, the total holiday taken would legally be 6 days.

This of course is different if there is an availability to work clause or something in your contract.

timmy2take

iTrader: (7)

Should we get 5.6 weeks or would it just be based on the hours?

paulr

What is your shift pattern?

Snazy

Based on the fact you work shifts, so the hours worked one week to the next will differ, Mon-Sun I assume could consist of a 4 or 5 day week, then the annual leave is best worked out in hours or days, not weeks.
Either way it should equate to 28 working days.

timmy2take

iTrader: (7)

Our shift days will either only be a 2 day week or 3.
1 day on (16 hours) 2 days off, back to 1 day which is a 24 hour shift, 2 days off, then back to 16 hours. Awkward to work out annual leave entitlement, but we've been told its an average of 46 hours a week.

My main concern is that we are having to take 7 days annual leave for a week whereas the pen pushers in Head office are only having to take 5. We might use the same hours as the peope in head office, but one of my colleagues is taking 3 weeks off for his honey moon so is using 21 days instead of the head office lot who'd only use 15 days. Doesn't seem right to me.

The other issue is if we just want to take one days annual leave we only get paid 1/7th of the week. Whereas the head office lot will be paid 1/5th for a day off. Is it really legal to penalise us for working over a 7 day week even though we only work 2 point something days a week.

Brun

Sounds to me that taking 7 days leave for a week off is all wrong. If your only due to do 4 days next week for instance then to get next week off you should only need to use 4 days holiday