holiday entitlement at work - please help

escortg3

magictom123 wrote: »

thanks for the reply but are you sure you acrue bank holidays as you work them? I know plenty of people who are issued blocks of holidays and indeed even my own parents have already allocated/booked up all of their annual leave for this year depsite the fact that we havent had all of the bank holidays in the year yet. The basic minimum holiday allowance is 28 days for full time workers as is my understanding of it. This obviously means fewer days off for part timers but still means 5.6 weeks of what they work. Surely it is discrminiatory against part timers who do not necessarily work days that fall as bank holidays and so lose their right to 5.6 weeks of holidays. To be clear, my partner doesn't care about bank holidays at all but resents having to lose a days holiday for a day she doesnt work anyway.

Again, thanks for the reply.

edit: in fact, the more I think about it the more your response doesnt make sense. For people who have to have a bank holiday off because their office/shop etc is closed, they never work bank holidays and so how would they acrue them? My sense is that my partners company are imposing the same criteria to holiday entitlement for both full time and part time workers and I am just seeking clarity as to whether they are doing so legally or not as again if you never work a bank holiday and therefore it is a normal day off, how can it be right to say that your normal day off now has to be used as a days holiday?

First point is your holiday entitlement is not 28 days with bank holidays on top. second point is if you work full time monday to friday and yes your business shuts on Bank Holidays of course you are entitled to the bank holiday as it should have been a normal working day for you had it not been a bank holiday

escortg3

magictom123 wrote: »

25.6 hours is 1.6 working weeks (16hrs a working week). This is correct because as I have said after the last BH she received pay that shows 3.2 hours pay (1.6 week (25.6hrs) / 8 BH's = 3.2hrs hol pay per BH) I dont know the wording of her contract and will have to find out but still, if the contract breaks the law then it is irrelevant and it is the position of the law in this cirumstance that I wish to seek.

Thanks for all the responses.

The 3.2 comes from 16 hours worked divided by 5 (days) gives 3.2 hours per day

therefore your partners holiday entitlement is example 28 days at 3.2 hours per day.

magictom123

thanks for the response again but the directgov site differs:

The basics of holiday rights
There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:
you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
you start building up holiday as soon as you start work
your employer can control when you take your holiday
you get paid your normal pay for your holiday
when you finish a job, you get paid for any holiday you have not taken
bank and public holidays can be included in your minimum entitlement
you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

tooldle

This looks right to me. If there are 8 bank holidays in the year, your partner is entitled to take 8 x 2/5 (days worked) of these = 3.2 days. However as your partner does not normally work on a bank holiday, she cannot actually take these 3.2 days on the real bank holidays. The company have therefore spread the 3.2 days owing, across all 8 of the available bank holidays and pay her a flat rate of 3.2 hours for each. Alternately they could pay her nothing for 4.8 of the bank holiday days and then ammend the payroll for the remaining 3.2days to which she is entitled. Much easier from the payroll perspective to spread the payments out equally meaning no ammendment required throughout the year. The days will come from the holiday entitlement regardless, but it is wise to check if she has 20 days plus 8 bank holidays or 28 days plus 8 bank holidays.

magictom123

escortg3 wrote: »

The 3.2 comes from 16 hours worked divided by 5 (days) gives 3.2 hours per day

therefore your partners holiday entitlement is example 28 days at 3.2 hours per day.

thanks but I think people are getting confused:

If my partner takes a week off work (essentially 16 hours over fri/sat) then she would be paid 16 hours holiday. This is what has happened in the past as 16 hours is her normal working week. The division of BH's seems to be a lazy calculation on the part of the company she works for and I want to get to the bottom of it.

magictom123

tooldle wrote: »

This looks right to me. If there are 8 bank holidays in the year, your partner is entitled to take 8 x 2/5 (days worked) of these = 3.2 days. However as your partner does not normally work on a bank holiday, she cannot actually take these 3.2 days on the real bank holidays. The company have therefore spread the 3.2 days owing, across all 8 of the available bank holidays and pay her a flat rate of 3.2 hours for each. Alternately they could pay her nothing for 4.8 of the bank holiday days and then ammend the payroll for the remaining 3.2days to which she is entitled. Much easier from the payroll perspective to spread the payments out equally meaning no ammendment required throughout the year. The days will come from the holiday entitlement regardless, but it is wise to check if she has 20 days plus 8 bank holidays or 28 days plus 8 bank holidays.

Thank you. This is perhaps the most helpful reponse. I will look into it further.

tooldle

If this is an environment with many part time workers, I think the arrangement as set out is standard.
I once worked for the NHS, who would pay the part time workers for all bank holidays, and then the worker would have to work the overpaid hours back. Your partners arrangement is more workable from the worker and the company perspective