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Can my employer change the way they calculate holidays?
I currently work as a practice nurse, 18.5 hours a week spread over three days. I do two 6.5 and one 5.5 hour shift. My employer is talking about changing how we use up our holiday entitlement from hours to days. I’m in a team of three nurses and we all work different hours on different days. My point is that they can’t do this because how can they define ‘a day’ with such variations in hours? Am I right?
The best way to work this out is to look at how many hours you work in total over the course of the year. Based on your shifts, I calculate that to be 962 hours per annum and if it’s broken down into an average working day, it would be 6.16 hours per day. It can therefore be assumed that your employer intends to use this calculation as your payment for any one day that you take as annual leave.
If that is the case then I agree with you that it will be problematic as staff could then take all of their holidays on a 5.5 hour shift and reap the benefits of being paid for 6.16 hours. On the flip side, if staff take a day’s holiday on a 6.5 working shift then they lose out, only getting paid 6.16 hours. I know this is a swings and roundabouts situation, but when calculated over the year, the employer will not be able to short-change you on your hours or pay.
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