help with bank holiday and weekly hours please??

michellen34

Hi everyone,

I'm having a few problems with my employer and hope you can help. He says i'm not entitled to holidays as i get the 8 bank hols off and xmas day etc (i work 16 hours per week over 3 days) Now bank holiday gone i was off and will be paid for it as part of my holiday entitlement, he now says that i must do an etra day this week because i was off on the monday, can this be right???

michellen34

anyone please?

SarEl

Your holiday entitlement is 5.6 weeks pro-rata'd to the 16 hours as a proportion of the working week. Someone better at maths than me can work it out for you if you say what the full time working week would be.

But you are correct. The employer can certainly "fix" when you can take leave (so insisting on bank holidays etc being taken), but if that is your holiday time you do not have to "make it up" by working extra time. Full time workers don't have to go in on Sunday because they had a day off for a bank holiday! And if you would not normally work a full day on a bank holiday, on the number of hours you would actually work would be counted towards your annual leave entitlement. So if you normall work 6 hours on a Monday, then you have taken 6 hours leave from your annual leave entitlement, not the full working day.

libra10

I used to work 3 days a week and even though my usual working days didn't include Bank Holiday Mondays, I received payment pro rata, and was never asked to work any time extra.

My salary for a bank holiday week was more than a usual 22 hour week.

In my opinion you are correct and your boss isn't!

Good luck.

michellen34

Thanks, hes just text me saying that as i am part time i have to make up the hours and that it only applies to full time workers how should i put it to him please?

Pete111

Part time and bank holidays is a tricky one but a generally accepted convention in how to calculate it is this:

A full time worker is now entitled to 28 days of holiday as a minimum (20 holidays + 8 public holidays).

Part time workers are obviously entitled to less, but to help ensure fairness in how this is worked out, the way many companies work this is to consider the total number of all holidays (ie 28 inc public holidays ) and pro rata them all.

To use your case as an example. Assuming full time hours at your place of work are 35h per week then this equates to 1820h per year. You say you work 16 hours per week so that equates to 832 per year

28 / 1820 = 0.0154. Multiplying this by 832 = 12.8 (13) days holiday owed. Remember however, you need to use one of these days (or part of a day) everytime a public holiday falls on a day you would usually work

You employer appears to be giving you only 8 days off (Xmas is a public holiday) so in my view is short changing you here by approx 5 days.

getmore4less

What hours do you normaly work? and how much per day?


What are the normal hours for a 5 day full time worker.

What holidays do the normal full time workers get (itemise bank holidays seperately)

SarEl

michellen34 wrote: »

Thanks, hes just text me saying that as i am part time i have to make up the hours and that it only applies to full time workers how should i put it to him please?

Excuse me? He said what? Holidays only apply to full-time workers? And he's discussing this by text? (Keep the text by the way!)

You are entitled to paid holiday just like any other worker. If he wants you to work extra hours then he must pay you for them. He does not get to pay you for your holidays and then make you make up the hours - that is not paying you for your holiday.

I can only suggest that you put it gracefully, tactfully and not via text. You can sit down and work out with him what your paid iholiday entitlement is and show how it is worked out - someone here will do that for you if you hang around a bit (I am lousy at maths and wouldn't guarantee that I'd tell it to you correctly). But at the end of the day, if you were on holiday on Monday and paid for it, then you have already worked some of your hours this week and if he needs you to do extra work then that must be paid for on top of the normal wage.

getmore4less

The normal calc is 12.07% you don't work the same every day or week.

Based on actual hours worked.

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

the problem with holidays there are a number of ways to do it and they don't always come out with the same answer.

Pete111

SarEl wrote: »

Excuse me? He said what? Holidays only apply to full-time workers? And he's discussing this by text? (Keep the text by the way!)

You are entitled to paid holiday just like any other worker. If he wants you to work extra hours then he must pay you for them. He does not get to pay you for your holidays and then make you make up the hours - that is not paying you for your holiday.

I can only suggest that you put it gracefully, tactfully and not via text. You can sit down and work out with him what your paid iholiday entitlement is and show how it is worked out - someone here will do that for you if you hang around a bit (I am lousy at maths and wouldn't guarantee that I'd tell it to you correctly). But at the end of the day, if you were on holiday on Monday and paid for it, then you have already worked some of your hours this week and if he needs you to do extra work then that must be paid for on top of the normal wage.

+1

Your boss is totally out of order - speak to him personally and put him straight.

P

michellen34

Hi,

I am the only paid staff at the moment and the first paid employee he has taken on. I work 10-4 and my working week was monday tuesday and thursday half day even though i have been doing more than 16 hours per week voluntary (i work for a charity) which has now stopped (just this week) i have had a horrible time with him over the last 2 months, hes nasty to me, shouts at me infront of customers, sits me down for 2.5 hours to have a go at me telling me im not working or running the shop properly, phones me at home to have a go, my blood pressure has shot up and i just feel a nervous wreck around him now. I've had 2 verbal warnings and a 2 page written warning t none of which i've signed for (i'm led to believe you have to sign for them?)