Holiday Entitlement,BH and overtime.

zarazara

I work part time,2 days a week,16 hours,never on a Monday. How do I stand regarding Bank holidays. The other employees get paid leave for bank Holidays. Am I entitled to time off or extra pay in the week of the BH?
It is in my contract that I can be asked to do Saturdays. If this happens will I be paid at overtime rate? as the full time workers are paid OT for saturdays as it takes them in excess of 40 hours.

jdturk

zarazara wrote: »

I work part time,2 days a week,16 hours,never on a Monday. How do I stand regarding Bank holidays. The other employees get paid leave for bank Holidays. Am I entitled to time off or extra pay in the week of the BH?
It is in my contract that I can be asked to do Saturdays. If this happens will I be paid at overtime rate? as the full time workers are paid OT for saturdays as it takes them in excess of 40 hours.

If the overtime is only when an employee works over 40 hours then I would say you would only get paid normal hourly wage

You should get 2/5ths of at least 28 days holiday as that is the statutory minimum...however as long as they are not discriminatory they could pay you less holiday than other people but most companies will give you pro-rata of what a full time member of staff gets

Mudd14

As jdturk says overime would not be calculated when working out the daily rate of holiday.

The main question is for full time employees are the 8 bank holidays included in the statutory entitlement of 28 days?

If they are then the calculation is simple, the statutory minimum is 5.6 weeks holiday so thats what you are entitled to. 5.6 weeks at 16 hours per week.

jdturk

Mudd14 wrote: »

As jdturk says overime would not be calculated when working out the daily rate of holiday.

The main question is for full time employees are the 8 bank holidays included in the statutory entitlement of 28 days?

If they are then the calculation is simple, the statutory minimum is 5.6 weeks holiday so thats what you are entitled to. 5.6 weeks at 16 hours per week.

Yeah pro-rata of 5.6 weeks not 28 days

zarazara

The other employees get the BH in addition to the statutory entitlement. I have been told my entitlement is 8 days per year. Is this correct please?

hellokitty08

well i only work one day a week and i get 5.6 days holiday a year. If you put your hours in here it will tell you,

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642

jdturk

zarazara wrote: »

The other employees get the BH in addition to the statutory entitlement. I have been told my entitlement is 8 days per year. Is this correct please?

That sounds wrong and sounds like they are still working of the old statutory minimum which was 4 weeks (4 x 2)

I would have thought you would be entitled to 5.6 x 2 which should be 11.2 which HAS to be rounded up t0 11.5 days.

Speak to ACAS to double check, your company may not have realised that the minimum holiday did go up in April.

What happens at christmas if it lands on your day, do you get it of or have to use holiday?

getmore4less

You should get pro rata equivilent of the holidays the full timers get.

If the full timers get more than 5.6 weeks you should also.


If you work extra hour I think you should get extra holiday(upto full time equivilent) ie based on what you actualy work.

Some believe holiday is only for contracted hours.

zarazara

Thanks everyone. I will look into this. Its only my first month with the company and I dont want to rock the boat. After 6 months I will get a proper contract. Best to bring it up then,what do you think?

Mudd14

You should have a written statement of particulars within 2 moths of being their as required by law. However if you worried about rocking the boat you might wait till after your probation although speakig to someone in HR or payroll on how holidays are calculated surely wouldn't cause any bad feeling

jdturk

Your in a no win situation I am afraid untill you have worked 1 year as it is pretty easy to get rid of someone in the first year.

Legally you should be getting what you get however depending on how much the job means for you the sake of 3 days may be worth forgoing for the first year until your job is 'safe'