Holiday entitlement wording

AdamB

Hi guys and gals. I just started a new job this week and got the t's and c's throught the post. I've just read the part about holiday entitlement and was wondering if is right or not with the wording. My initial instincts are that it isn't but I wanted to double check it with others before going to my boss about it. The exact wording is:

As you are starting your employment part way through the holiday year, your annual leave entitlement will be pro-rated over the number of complete months service, calculated on the basis of 22 days per annum (for full time or pro-rated for part time hours).

All holidays must be approved in advance by your line manager and taken at times convenient to the Company and may not be carried forward into the following year.

Subject to agreement with the Company to the contrary, you should take a minimum of 5 consecutive working days at least once in each holiday year.

Your annual leave entitlement will be 22 days (for full time equivalent contracted hours). This entitlement increases with service to a maximum of 25 days. Further details about our holiday entitlement are avaliable in the Company's HR manual "Policies for our People"

A day equates to 7.5 hours on a 37.5 hour per week contract.

In addition you will be required to work on customary holidays (i.e bank and public holidays), which fall within your shift pattern. You will be entitled to a day off in lieu.

On termination of employment, your holiday entitlement or accrued pay will be calculated pro-rata to the complete months worked that year. If you have taken more holiday than you are entitled to the cash equivalent will be debited from your final salary. More information regarding holiday appears in "Policies for our People".

I work part time, 30 hours per week. I had a look at the system today and think it said (off the top of my head) that I've got 16.5 days/99 hours of holiday to take by the end of the holiday year. I will double check that tomorrow though.

KiKi

What's wrong with the wording? It looks fine to me.

*Assuming* that you work a 4 day week, then you would be entitled to 17.6 days over the AL year, plus 6.4 BHs (it doesn't matter whether they fall on your working days or not - and that's the only part I'd clarify). I can't comment on whether they have pro-ratad correctly without knowing when the holiday year begins and ends.

HTH
KiKi

AdamB

I don't have set days to work. Its decided amongst ourselves. I might work all B/Hs or I might work none. Depends on how the rota is done. Theres nothing in the T's and C's that says when our holiday year is but I expect it might say in the "Policies for our People" manual.

KiKi

AdamB wrote: »

I don't have set days to work. Its decided amongst ourselves. I might work all B/Hs or I might work none. Depends on how the rota is done. Theres nothing in the T's and C's that says when our holiday year is but I expect it might say in the "Policies for our People" manual.

Your days might not be set - but it's four days of 7.5 hours work, yes? This is very important in calculating leave for PTers accurately. Otherwise you can lose out. If you don't do 4 days a week (it doesn't matter a bit which 4 days), then you should ALWAYS calculate your leave in hours, but it sounds from your contract like you do have to do 4 days (re the reference to the 7.5 hour day).

BHs are the only concern I'd have. You are entitled - legally - to 6.4 paid days for BHs. Whether that's having the day off (when you should have been working) or having a day in lieu. But if you don't happen to work on 6.4 BHs you are *still entitled to take the 6.4 days*. PTers and BHs can get messy because employers don't understand how to work it out.

You didn't answer my question, though - which part of the wording didn't feel right to you?

KiKi

AdamB

It was to do with the 22 days holiday/bank holidays. So I guess I should try work all bank holidays where possible to take advantage of TOIL.

KiKi

AdamB wrote: »

It was to do with the 22 days holiday/bank holidays. So I guess I should try work all bank holidays where possible to take advantage of TOIL.

No! It won't make a jot of difference - that's the part where the employers (and you! ) don't understand how to calculate it.

Think of your paid leave as one lump. 17.6 AL, and 6.4 BHs. Let's say that's 24 days paid leave a year - your contractual entitlement. With BHs, what happens is this:

a) When a BH falls on your working day, you get a day off in lieu, and it comes out of the 24 days

b) When a BH falls on a non-working day, nothing happens

c) If you only work on 4 BHs this holiday year (let's say), then you get 4 days in lieu AND you STILL HAVE 2.4 days to take as paid leave as part of your BH entitlement, even though your working days didn't coincide with 6.4 BHs

d) If you work on 8 BHs this year, then you have to 1 day from the AL part to cover it


So you can see from c) that you MUST get the full entitlement of your 6.4 days, even if you don't work 6/7 BHs - this is a legal requirement.

You can also see from d) that you don't want to work all 8 BHs, as you will need to use an AL day to cover it. It's actually better for most PTers to 'work' on as few BHs as possible. (That statement doesn't apply to you as you get a day in lieu, but for those who get BHs off, they want to work the min number possible).

Essentially, it doesn't matter what days you work - you are entitled to 24 days paid leave a year, whether those are booked holidays or days in lieu. And on top of that, your three-day weekend, every week.

Does that help explain it?
KiKi

KiKi

Also - just to add, that 22 days it the Annual Leave only, it does NOT include the 8 Bank Holidays.

So full time staff get 30 days paid leave a year. You get the 30 days pro ratad - which is 24 days.
KiKi

AdamB

KiKi wrote: »

Does that help explain it?

I think so. If I don't get the full 6.4 days B/H, then I need to raise it with my manager.

KiKi

AdamB wrote: »

I think so. If I don't get the full 6.4 days B/H, then I need to raise it with my manager.

Yes. If s/he says that "you only worked 5 BHs so you only get 5 days in lieu", then politely remind them of the part-time working regulations. These stipulate that a part-time employee is entitled to exactly the same leave conditions as a full time employee, on a pro-rata basis.

A full time person will get 8 BHs - and, of course, all BHs will fall on their working days, so all full timers will get 8 days in lieu.

You get 6.4 - but because the chances are not all BHs will fall on your working days, you need to make sure you do get the 6.4 days, even if you worked fewer BHs.

I hope your new job goes well for you.
KiKi

Savvy_Sue

I'd have a remaining query about whether it's OK to pro rata leave ONLY to complete months in the first and last years of employment.

I thought it wasn't: that you started to accrue your entitlement on day 1, and continued to accrue it until your final day.

Fine if you start on the first working day of the month and leave on the last, tad unfair if you start on the 2nd working day of the month and leave on the penultimate working day ... that's 2 months of leave pretty much, lost.