Yes, I'm fully aware of this - My point is that it seems unfair to be working 40+ hours a week, yet only be paid holiday pay = 21 hours a week.

It seems obvious that there is a financial and advantageous legal reason for the company to be keeping her on a 21 hour a week contract....I was just curious to whether there is anything that she can do about this?

I'll talk to my HR person about this on Monday. She owes me a favour.

Is she forced to work the extra hours?

And therein is the main question.

I am contracted to 28.5 hours a week but haven't worked less than full time for months. However this suits me as it means during the school holidays I drop down to the more manageable hours. I only get holidays based on the 28.5 hours and I accept that.

I would suggest she speaks to her HR department about the possibility of a full time contract but again, it depends what the company's financial situation is. It's better to work the overtime as and when it's available than to risk losing a job all together because they decide they can't afford a full time person. It's easier said than done but you should never rely on overtime and as such all my out goings are based on my basic salary, just in case.

Not sure if she is forced as such, she is quite happy working the hours because of the money.....However, she is on a 3 month probationary period and you get the feeling a lack of 'enthusiasm' to work the extra hours may be looked on unfavourably.

I'm sure she would love to work the full time hours permanantly and you get the impression that the company would like her to continue doing so, it just seems unfair that holiday-wise, she would be getting stiched up.