Annual Leave & Bank Holidays

mrmoose

Hi

I was wondering if anybody can give me advice on an issue I have with regards to my annual leave allowances and bank holidays.

I work 28 hours per week (average), doing 4 on 4 off 8 hour shifts, covering 24 hours per day, 365 days per year.

All employees at the company I work for are entitled to 26 days leave + 8 days statutory leave. As I work 'part time', this is pro-rata'd down, and given in hours as

145 hours + 45 hours for statutory leave.

My question is regarding my statutory leave allowance. My employer is arguing that when a bank holiday falls on one of my rest days, I loose the entitlement for that day, and are therefore deducting a full shift from my statutory leave. (8 hours less 30 mins break = 7.5 hours deducted). Hope you are following this...

In 2011/12 year, I am due to work 4 out of the 8 holiday days. Therefore my employer has worked out my annual leave entitlement as follows:

45 hours less 30 hours (4 x 7.5h) = 15 hours entitlement.

This, at least to me doesnt seem right. I accept we get more leave than the 'minimum', however from what I can see, I am working 30 hours on bank holidays this year, but am only entitled to 15 hours statutory leave in leui. Also, when the 'days' staff (i.e. Monday - Friday 9-5) have a bank holiday on a weekend, they are still entitled to the time back in leui, but it seems when a bank holiday falls on my rest days, I loose out.

I would appreciate any advice on this. I have tried searching the net but cant seem to get a definate answer other than the legal minimum leave I am entitled to.

Thank you in advance...

The Moose

anamenottaken

Not only are you entitled to the minimum leave entitlement but also you are entitled to have the same leave (pro rata) as if you were full-time. This is so that part-time staff do not receive less favourable treatment than full-time staff. So deducting holiday entitlement when you are not due to be working in any case is not lawful.

getmore4less

Employer is wrong your allocated hours for holiday should be used to give paid holiday by taking days/hours off for the correct number of weeks


They may have got the hours wrong though so you may want to check about arguing this.

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


Assuming the standard worker does 5 equal days and get 26+8=34days thats 6.8 weeks so you need the same

Your average week with 4 on 4 off is 16work+12 rest then 16 rest+12work over 8 weeks 28 days work so 28/8 3.5 days per week of 8 hours

3.5days a week*6.8 weeks*8hr 190.4hrs so short by 0.4.

How have they calculated 145+45?

do you get paid for 7.5 or 8. the taking of of 7.5 seems even more wrong if the holidays are work out on an 8 hour day.

paddedjohn

Regardless of the bank holiday working you are entitled to 190.4 hrs paid leave. This is based on the fact that a full time worker is getting 6.8 weeks and you should get the same as you cant be discriminated against for being part time.

oops only just read the above post properly and its all covered there.

mrmoose

Thank You all for your responses. It was already queried with HR last year and came back that this is correct, My leave card sheet states 190.5 hours, not 190. We are paid 8 hours per shift in our basic pay, but take a 30 minute break. Our enhancements for working weekends are calculated on 7.5 hours (So we get paid on a sunday time and a half for 7.5 hours, and basic time only for our break, which is pretty good also.

I work for a local authority, but am not a member of a union (cant afford it!) so not sure how i go about challenging this, again, but will probably speak to HR again tomorrow...

Thanks again