Hmmm, pretty sure they are getting this wrong somehow

hoxtonbabe

getmore4less wrote: »

where do you live normaly it is 8.

NY, Good friday, easter monday, May 1, May2, Aug, Xmas, BD.

There is an issue with the numbers some years if the holiday year is 1april/31st march.

Calm down...It was an innocent mistake.

hoxtonbabe

Thanks folks...i am speaking with them later so will bring up the pro rata holiday issue.

getmore4less

hoxtonbabe wrote: »

Calm down...It was an innocent mistake.

Point was in Scotland and Northern Ireland it is different

SueC_2

hoxtonbabe wrote: »

Morning,
Now this company are trying to tell me that because I do a shorter day my holiday entitlement will be shorter?!?

This may well be correct. So long as the holidays they are giving you meet the legal minimum (as described in this thread already) then I am not aware of any requirement for them to give you the same entitlement as the full timers.

eg. They could give the full timers 50 days holiday per year, but the part timers only 28.

So long as this wasn't a decision based on factors that are legally recognised as discriminatory (age, gender, disability, religion etc etc) I can't see why it wouldn't be permissable. It may not be fair but it would be legal.

liney

Do they work out holiday entitlement in hours? If they do, then you will indeed get less hours than a full timer.

Ie you are entitled to 5.6 weeks (28 days) but your days are 6 hours so 6hoursX28days = 168 hours where as a full timer would get 8hoursx28days = 224 hours.

liney

SueC wrote: »

This may well be correct. So long as the holidays they are giving you meet the legal minimum (as described in this thread already) then I am not aware of any requirement for them to give you the same entitlement as the full timers.

eg. They could give the full timers 50 days holiday per year, but the part timers only 28.

So long as this wasn't a decision based on factors that are legally recognised as discriminatory (age, gender, disability, religion etc etc) I can't see why it wouldn't be permissable. It may not be fair but it would be legal.

Sorry but that's not true. It is Statutory right to receive holidays on a pro rata basis. Part time workers cannot be treated differently than full time workers because part time working effects women disproportionatly, so is covered by Sexual Discrimination.

You could say Account Managers get 50 days per year and Sales Reps get 30 days, but it cannot be deternined by their full or part time status. But then if all your Account Managers happen to be men and all your Reps women, you would be on a sticky wicket there too.

getmore4less

SueC wrote: »

This may well be correct. So long as the holidays they are giving you meet the legal minimum (as described in this thread already) then I am not aware of any requirement for them to give you the same entitlement as the full timers.

eg. They could give the full timers 50 days holiday per year, but the part timers only 28.

So long as this wasn't a decision based on factors that are legally recognised as discriminatory (age, gender, disability, religion etc etc) I can't see why it wouldn't be permissable. It may not be fair but it would be legal.

The law says otherwise

http://www.legislation.gov.uk/uksi/2000/1551/contents/made

The prorata principle applies and in this case that is the same number of days but at a lower number of hours.

getmore4less

liney wrote: »

Do they work out holiday entitlement in hours? If they do, then you will indeed get less hours than a full timer.

Ie you are entitled to 5.6 weeks (28 days) but your days are 6 hours so 6hoursX28days = 168 hours where as a full timer would get 8hoursx28days = 224 hours.

Not relevent because they have to give the 5.6 weeks so have to pay the correct number of days based on the working week and allocate the hours to the days.

They cannot go ok we pay holidays based on a 12hr days and give a reduced number of days.

liney

getmore4less wrote: »

Not relevent because they have to give the 5.6 weeks so have to pay the correct number of days based on the working week and allocate the hours to the days.

They cannot go ok we pay holidays based on a 12hr days and give a reduced number of days.

As long as the hours equate to the correct amount of weeks, they can use hours if they wish. It's quite common to do so in part time working, in my experience. She'll still get the same amount of time away from work.

The term 'shorter' made me think of hours which is what they could be referring to. We shall see.

Oldernotwiser

liney wrote: »

Do they work out holiday entitlement in hours? If they do, then you will indeed get less hours than a full timer.

Ie you are entitled to 5.6 weeks (28 days) but your days are 6 hours so 6hoursX28days = 168 hours where as a full timer would get 8hoursx28days = 224 hours.

That's exactly what I was going to say. Part timers' leave will be worked out in hours, so fewer than someone working full time, but actually end up being the same number of (part time) days.