Holiday entitlement for part-time?

mess0804

I didn't understood too well your answer.

So that is the contract. The reality is that they gave me 8 days paid for 3 hours a day (and the "nice holiday" was unexpected, I had to go abroad for my father's funeral! ... when I came back I saw that I was on holiday... and that I don't have anymore holiday. So when I got married I had to take 2 weeks off unpaid (wedding was paid for more than a year ago... so we had to go and do it even if we weren't in the mood only 5 months after my father died). I am so upset because they are very understanding with the full-timers (everyone in this company gets sick so often) ... but I am the office admin part-time... so I am a much lower category even if I share the desk with them.
But from this to stealing my holiday entitlement.....

SandC

Debt_Free_Chick wrote: »

Sorry, but I'm confused by your interpretation.

You have quoted the statutory minimum entitlement, which gives a full-timer 24 days - 4.8*5 (5 working days in a week) is 24 days - but this includes bank holidays.

As you underlined, the entitlement for a part-timer is pro-rata so 15/37.5*24 = 9.6 including Bank Holidays.

However, if the full-timers get a better entitlement, contractually, then the part-timer gets a entitlement which is pro-rata to the full timer.

The way I see it is it is pro rata but times your normal working week:

those working part-time are entitled to the same level of holiday pro rata (so 4.8 then 5.6 times your usual working week)


The OP works 5 day per week and I think this refers to working days as opposed to working hours.

I still think the OP should get the same holidays (in days) as the full time workers. Full timers have their holidays based on a 5 day week and not on 37.5 hours. So therefore part timers who work a 5 days week should also have theirs based on that.

I think the employer is ripping her off basically as they are confusing hours worked with days worked.

If there is another employee working there who does the same hours but only works 2 days per week then for her to be away from work for a fortnight would only require the use of 4 days holiday. Yet the OP has to use 10 days holiday (which she doesn't even have!) for the same amount of time off - just as a full time worker would.

I am with the poster who worked it out as they are giving you 8 days of full time hours off so you must sit them down and work it out in hours. 8 days of 7.5 hrs is 60 hours - you only work 3 hours so there are your twenty days.

mess0804

They are NOT giving me 8 days payed full-time !!!! They gave me only 8 days payed as part-time. So they did the pro-quota thing twice!

tsstss7

mess0804 wrote: »

They are NOT giving me 8 days payed full-time !!!! They gave me only 8 days payed as part-time. So they did the pro-quota thing twice!

Yes thats the way I see it,,,,,,

Februarycat

I work 16 hours a week and get 22 days which includes bank hols.

Debt_Free_Chick

SandC wrote: »

The way I see it is it is pro rata but times your normal working week:

those working part-time are entitled to the same level of holiday pro rata (so 4.8 then 5.6 times your usual working week)


The OP works 5 day per week and I think this refers to working days as opposed to working hours.

But that would be neither logical nor equitable. The OP doesn't work 5 days a week - she may go to the office on each day, but she only works 2 days. Earlier on, you referred to her working for 40% of the time and 40% of 5 is 2.

The Part Time Workers (Prevention of Less Favourable Treatment) Regulations actually refers to the pro-rata principle.

I still think the OP should get the same holidays (in days) as the full time workers. Full timers have their holidays based on a 5 day week and not on 37.5 hours. So therefore part timers who work a 5 days week should also have theirs based on that.

Agreed. Full-timers work for 5 full days (37.5 hours) and if they take a week off work, they get 37.5 hours pay. The OP "works" 2 days and gets paid for 2; so if the OP takes a week off work, she should be paid for 2 days.

Whether you use hours or days, it should amount to the same thing - provided you use 3 hours for a working day for the OP; or 40% of the full-time equivalent; or 15/37.5 x the full-time equivalent.

liney

Right! You are entitled to a minimum of 4.8 weeks leave whether you are full time or part time. It makes no difference whether you work 2 days a week or 5 days part time. You are not entitled to a minimum amount of hours leave, it's weeks, so this is why you should be getting 20 days:

If your full timers get 20 days (ie 4 weeks)plus bank holidays then so do you. This doesn't mean you get 'more' holiday than them as your working week is only 15 hours so you get 4, 15 hour week holidays per y ear and they get 4, 37.5 huor week holidays per year. The fact that you work every day as normal makes the calcualtion especially easy; you are entitled to be paid for all of the bank holidays too at your normal 3 hour per day rate.


I think whoever has caluculated your holiday has assumed you are working 2 full days per week ie 20 days/5 days *2 days per week worked = 8 days holiday plus BH pro rata. This is why their calculation is wrong.

If your employer refuses to amend this then call up ACAS who will be able to direct you what do do next. Allowing you only 8 days leave means you are only getting 1 week and 3 days holiday per year plus BH (assuming they pay you for all of those?) which is 3.2 weeks per year instead of the statutory minimum of 4.8.

Whoever else it was who was working out holiday entitlement in the same was as this company needs to re-think too.

Debt_Free_Chick

liney wrote: »

Right! You are entitled to a minimum of 4.8 weeks leave whether you are full time or part time.
...

you are entitled to be paid for all of the bank holidays too at your normal 3 hour per day rate.

4.8 weeks is the statutory minimum and includes Bank Holidays.

If, contractually, full timers get more, then a part timer is entitled to the full time contractual rate of holiday, pro-rata.

If your employer refuses to amend this then call up ACAS who will be able to direct you what do do next.

Yes - please call ACAS and post the answer here, so we all know.

liney

What happened OP?

clairec79

A full timer (37.5 hours) gets 20 days therefore = 150 HOURS

A part timer (15 hours a weeks) should get 150/37.5 * 15 = 60 HOURS

60 hours off a year would be either 8 days if you work full days or 20 days if you work 3 hours a day.

When I worked part time our leave was always worked out in hours