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Should I be getting my full holiday entitlement as I do not work on Bank Holidays?
crazysunshine54
Posts: 98 Forumite
Hi,
So, I went through the government website to check how much holiday entitlement I should be getting for the 32 hours I work per week. It is calculated as being 179 hours and 12 minutes, but at the moment in my contract it says that I have 128 hours per annum.
I brought this up with my employer and I've been told that 128 hours is correct as the hours I believe to be owed to me are already given in the way of compulsory bank holidays.
However, I don't tend to work Bank Holidays as they fall on a Monday, unless I'm covering someone else or I've swapped a shift.
Surely that means that they cannot take the hours away from my statutory amount. Am I correct?
So, I went through the government website to check how much holiday entitlement I should be getting for the 32 hours I work per week. It is calculated as being 179 hours and 12 minutes, but at the moment in my contract it says that I have 128 hours per annum.
I brought this up with my employer and I've been told that 128 hours is correct as the hours I believe to be owed to me are already given in the way of compulsory bank holidays.
However, I don't tend to work Bank Holidays as they fall on a Monday, unless I'm covering someone else or I've swapped a shift.
Surely that means that they cannot take the hours away from my statutory amount. Am I correct?
If you haven’t already, join the forum to reply! [purplesignup][/purplesignup]
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Comments
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Bank holidays are irrelevant in employment law!
The minimum holiday entitlement for a full time employee is 28 days per year. Part time pro rata. That equates to 12.07%.
An employer can almost totally dictate when you can and cannot take your holiday. So, if the firm is shut on bank holidays they can tell a full time person that is eight of their 28 days gone. Equally, if they are open on bank holidays they can require the employee to work and take their holiday at a different time.0 -
I've also just been told by my employer that I am receiving more than the minimum recommended by the government.
They also say that taking Mondays off is a lifestyle choice on my part and so it cannot be viewed as a disadvantage. Surely it's not a lifestyle choice if I wasn't given the option to work on a Monday.0 -
crazysunshine54 wrote: »I've also just been told by my employer that I am receiving more than the minimum recommended by the government.
They also say that taking Mondays off is a lifestyle choice on my part and so it cannot be viewed as a disadvantage. Surely it's not a lifestyle choice if I wasn't given the option to work on a Monday.
As I said an employer can totally dictate when you can and cannot take your holiday!
Providing you are getting at least the statutory minimum (or whatever your contract stipulates if more) then your employer is correct.0 -
How many hours do a FT person work?0
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gettingtheresometime wrote: »How many hours do a FT person work?
In reality, we're all part time shift workers that work for this small company - there are no full timers.0 -
crazysunshine54 wrote: »In reality, we're all part time shift workers that work for this small company - there are no full timers.
So providing you are getting at least 12.07% of your hours as holiday you have no argument.0 -
The difference between the gov.uk calculation and your contract is 51.2 hours. Assuming you work an 8 hour day, then 8 bank holidays are a total of 64 hours. As you only work 4 days out of 5 per week, you are only entitled to 4/5ths of those hours.
(64*4)/5 = 51.2
QED
[Note: I also work Tuesday - Friday and this is precisely how my holidays are calculated]0 -
Undervalued wrote: »So providing you are getting at least 12.07% of your hours as holiday you have no argument.
As mentioned, I work 32 hours a week, so 12.07% of that would be 3.8624 which I'm assuming should be rounded up to 4 hours of holiday gained per week. Or am I incorrect?0 -
The difference between the gov.uk calculation and your contract is 51.2 hours. Assuming you work an 8 hour day, then 8 bank holidays are a total of 64 hours. As you only work 4 days out of 5 per week, you are only entitled to 4/5ths of those hours.
(64*4)/5 = 51.2
QED
[Note: I also work Tuesday - Friday and this is precisely how my holidays are calculated]
Since my hours vary depending on the day I work... e.g one day I work 8 hours, but another I work 4... but the weekly total is always 32 hours... how would it be possible to say how many I would have worked on a bank holiday?
Also, my company doesn't close on the weekend - I actually work 5 out of 7 days0 -
crazysunshine54 wrote: »Hi,
So, I went through the government website to check how much holiday entitlement I should be getting for the 32 hours I work per week. It is calculated as being 179 hours and 12 minutes, but at the moment in my contract it says that I have 128 hours per annum.
I brought this up with my employer and I've been told that 128 hours is correct as the hours I believe to be owed to me are already given in the way of compulsory bank holidays.
However, I don't tend to work Bank Holidays as they fall on a Monday, unless I'm covering someone else or I've swapped a shift.
Surely that means that they cannot take the hours away from my statutory amount. Am I correct?
Are you contracted to work 32 hours, or are you working 4 days 9-5 (or 10-6 or whatever) with an unpaid break?
That aside there is no difference between bank holidays or any other days. You are entitled to 5.6 weeks holiday per year, and you employer can tell you when to take these.0
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