Minimum holiday entitlement

katie87_2

I have a query on holiday entitlement and can’t seem to find the answer anywhere.
My partner has two part time jobs, his main job is 30 hours a week over 6 days (5 hours each day).
He is contracted to work Mondays to Saturdays and therefore works all bank holidays.
I am aware that nobody is entitled to paid time off on bank holidays and this is fine but is his company legally obliged to give him time off in lieu or not?
Just wondering as I keep reading everywhere that the minimum entitlement is 28 days which can include bank holidays. Currently his employer is giving him 22 days holiday a year and he works all bank holidays.
Please can anyone advise on the legality of this? Thanks

rupee99

katie87 wrote: »

I have a query on holiday entitlement and can’t seem to find the answer anywhere.
My partner has two part time jobs, his main job is 30 hours a week over 6 days (5 hours each day).
He is contracted to work Mondays to Saturdays and therefore works all bank holidays.
I am aware that nobody is entitled to paid time off on bank holidays and this is fine but is his company legally obliged to give him time off in lieu or not?
Just wondering as I keep reading everywhere that the minimum entitlement is 28 days which can include bank holidays. Currently his employer is giving him 22 days holiday a year and he works all bank holidays.
Please can anyone advise on the legality of this? Thanks

There is something of a loophole in the Working Time Regulations regarding people not on full time contracts.

Logically one would have thought someone working 6 days per week would be entitled to a minimum of 6/5ths of the entitlement of those working 5 days per week, i.e. 34 days, to include all the bank and public holidays, that would mean they would get 5.6weeks per year which is the minimum statutory entitlement. Unfortunately it does not appear to be operated that way by employers of people working such "non-standard" hours and, IMO, the legislation is manipulated to deprive the workers of their entitlement. AFAIAA there has not been any test case brought before a court, or even a Tribunal to test whether the practise of actually giving a lower entitlement is correct.

I would not recommend that your partner becomes the test case.

mikey72

Have a look at

http://www.businesslink.gov.uk/bdotg/action/detail?r.s=m&r.l1=1073858787&r.lc=en&r.l3=1074414642&r.l2=1073858926&r.i=1074414843&type=RESOURCES&itemId=1074414966&r.t=RESOURCES

covers 6 day weeks, and non standard hours.

Could just be they haven't updated from 4.8 weeks, or they have calculated his holiday using an 8 hour holiday day.
Is the company approachable to discuss it?

getmore4less

How much does he get paid for the days/weeks off?

Does he need to take 6 days to get a week?

I think he should get a minimum of 28 days, even though he normally works 6 day weeks.

when is the holiday year if jan-jan then there is a transition to the full 28days(5.6 weeks).

Apricot

Taken from Acas Website:

Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks' paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week's leave should allow workers to be away from work for a week – ie it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 28 days leave. If he or she does a three-day week, the entitlement is 16.8 days leave. Employers can set the times that workers take their leave, for example for a Christmas shutdown. If a worker's employment ends, he or she has a right to be paid for the leave time due and not taken.

The Work and Families Act does not create a legal right to have a paid day off on Bank Holidays and this remains a contractual matter.

anamenottaken

princessleah_ wrote: »

Taken from Acas Website:

Note that that does not deal specifically with six-day working.

See http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1074414966 for

Staff working a six-day week
The statutory paid holiday entitlement is capped at 28 days. So, although 5.6 weeks would equate to 33.6 days for someone working a six-day week (5.6 x 6), staff working a six-day week are only entitled to 28 days' paid holiday.

The increase to 5.6 weeks was effective from 1 October 2009 so you may need to pro rata to accommodate the change.