Holiday Entitlement

lazer

Hi i recently started a new job where the holiday entitlement is 28 days per annum

My company is working this out at being 2.33 days per Calender month, which is obviously fair enough

However i started in the middle of a month, and they are only including full calendar months.

This basically works out as the company saying I get
23.3 days (rounded to 23) (For 10 months)
And me saying I get 24.5 (which as far as i'm aware can't be rounded down) (For 10.5months)

What do i do about this?

McKneff

Ive no calculator handy but did you divide the 28 by 12 the x by 10.5

What do you do about it, ask them how they have calulated it.

paddedjohn

I think your maths are spot on, it should be 24.5 days leave for the 10.5 months. this cant be rounded down but doesnt have to be rounded up either.

lazer

McKneff wrote: »

Ive no calculator handy but did you divide the 28 by 12 the x by 10.5

What do you do about it, ask them how they have calulated it.

I've already e-mailed HR and asked them, they give me the breakdown of 2.33 dyas per calender month - I replied saying i'm entitled to a minimum of 24.5, now i'm waiting on a reply.
And yes, thats what i done - I aslo checked it on a calculator linked from the direct gov website.

They are deducting a days pay from me to over the christmas holidays, as we operate on a fixed holiday scheme, and they are sayin are i don't have enough holidays to get all the fixed holidays
There is normally 24 days fixed holidays and 4 days flex holidays

anamenottaken

lazer wrote: »

Hi i recently started a new job where the holiday entitlement is 28 days per annum

My company is working this out at being 2.33 days per Calender month, which is obviously fair enough

However i started in the middle of a month, and they are only including full calendar months.

This basically works out as the company saying I get
23.3 days (rounded to 23) (For 10 months)
And me saying I get 24.5 (which as far as i'm aware can't be rounded down) (For 10.5months)

What do i do about this?

2.33 days/month (28/12) is not fair. It is rounded down.

They can apply the rule about only counting full calendar months if they offer company holiday above that statutory minimum. They can't apply that to the statutory minimum amount.

lazer

anamenottaken wrote: »

2.33 days/month (28/12) is not fair. It is rounded down.

They can apply the rule about only counting full calendar months if they offer company holiday above that statutory minimum. They can't apply that to the statutory minimum amount.

Thanks - thats exactly what i thought! I'll have to chase it up again tomorrow

Googlewhacker

lazer wrote: »

Thanks - thats exactly what i thought! I'll have to chase it up again tomorrow

A word of caution, whilst you are in the right be very careful how you word this and how far you push it.

As you probably are aware you have very little protection in employment law until 1 year has passed.

DVardysShadow

Googlewhacker wrote: »

A word of caution, whilst you are in the right be very careful how you word this and how far you push it.

As you probably are aware you have very little protection in employment law until 1 year has passed.

The more timid you make noobs over pressing for their rights, the less noobs will get their rights.

Googlewhacker

DVardysShadow wrote: »

The more timid you make noobs over pressing for their rights, the less noobs will get their rights.

I did debate whether to put what I put as I realise that it is the 3rd or 4th time in the last day or two but I decided it was a valid warning especially in the current climate and whether 1.5 days is worth the risk of losing a job over.

The company could and hopefully are actually a decent company and will see their error and provide the OP with their correct holiday but it is still valid that the OP needs to be very careful how they word it.

DVardysShadow

If you lose your job over asking for your legal rights, you are better off out of it! The more people become timid about asking for what is theirs, the more the people who do still ask will stand out. While you may help protect the one poster, I think that this meme of 'the current climate' does lasting damage to noobs in jobs - throighout the whole of my working life there has been a 'current climate'. You use the term as though there may be a day when there is not a current climate and it will be OK to ask for your legal rights again. But if people stop asking for their legal rights, this will herald a long winter of years or even decades where the 'current climate' is never right for asking for your legal rights.

getmore4less

Altough proving it may not be easy,

One of the employment protections you do have in the first year is dismisal for insisting on a satutory right of employment.