Only 26 Days Holiday?

slicktraveller

Hello, I work a set pattern 6 days on, 3 days off year round. We do not get any public/bank holidays off and work 12 hour shifts with some extra shifts aswell

My Employer says we are only entitled to 26 days holiday per year, is this right?

I've done some calculations and can't see how it can be

Days: 6+3 = 9 Days
365/9 = 40.5 working weeks
40.5*72 hours = 2916 hours per year
=26 days holiday?

Whereas someone working 8 to 5, 5 days a week are entitled to 28 days?

52 Working weeks
52*45 hours = 2340 hours per year
=28 days holiday?

I've looked at the direct.gov.uk website but the calculator wont do it because the shift pattern isnt there, it says 28 days statutory though

Surely my employer is lying and depriving us of these two days?

jm2926

Someone working 5 days a week works 5/7 x 365 weeks = 260.71 days.
You work 6 days in 9 6/9*365 = 243.33 days, average 243.33/52=4.679 days a week.

So entitlement is 5.6 weeks, 4.679 X 5.6 = 26.2 days per year



edited: DirectGov recommend calculation over 12 weeks, so:

12 weeks is 12x7 = 84 days. Of those 84 days you would work 6 of 9 day periods = 56 days. (calculated as 84 divided by 9 x 6)
56 days over 12 weeks is 4.66 days a week.

So annual entitlement 4.66 X 5.6 weeks per year = 26.13 days.

WestonDave

I can see how they've worked it out, but whether its technically legal or not would be open to question.

What they appear to be saying is that you work 6 days out of 9 - i.e. 66% of the time. Someone on standard working patterns would work 5 days out of 7, i.e. 71% of the time. 66/71 is roughly 93% - 93% of 28 is 26 days. They therefore appear to be arguing that you are effectively working part time and are therefore only entitled to part of the full time holiday allowance.

However your hours are clearly more than a standard full time job so that argument is weak.

The other question is whether if you were to work "full time" under your contract in order to earn the full holiday whether you would be in breach of the working time directive - it would be pretty hard to argue that a job which is in excess of the maximum hours under the working time directive doesn't earn a full holiday quota.

I'd say at 2916 hours divide by .93 to give the "full time" equivalent (based on their logic!) give 3135 hours per year - divide by 52 weeks (before allowing for holiday!) and you'd be doing 60 hours per week.

jm2926

WestonDave wrote: »

I can see how they've worked it out, but whether its technically legal or not would be open to question.

What they appear to be saying is that you work 6 days out of 9 - i.e. 66% of the time. Someone on standard working patterns would work 5 days out of 7, i.e. 71% of the time. 66/71 is roughly 93% - 93% of 28 is 26 days. They therefore appear to be arguing that you are effectively working part time and are therefore only entitled to part of the full time holiday allowance.

This is not correct as the days given as holiday are also longer. Effectively the entitlement is 5.6 weeks not X days. The employer has calculated it correctly.

e.g.

Mon-Fri worker works 9-5 - 8 hours a day. 28 days holiday is 28 * 8 = 224 hours.

Shift worker works 12 hours, 26 days holiday = 26 * 12 = 312 hours.

The shift worker is getting more holiday hours, but spread over less days, exactly the same as their normal work pattern where they work more hours over fewer days than a 9to5'er.

getmore4less

Remember you get paid for 12 hrs for each day off not 9.

Also there is an error in the hours worked because there are holidays.

6 on 3 off is a 9 week cycle with 42 days work so average is 4.666. days per week so 26.13. days prorats on 5.6 weeks off.

They should not round down though

scheming_gypsy

getmore4less wrote: »

6 on 3 off is a 9 week cycle with 42 days work so average is 4.666. days per week so 26.13. days prorats on 5.6 weeks off.

They should not round down though

depends how they work out the days per week; obviously the way you mentioned is correct but 9 days over two weeks is 4.5 days a week.

getmore4less

scheming_gypsy wrote: »

depends how they work out the days per week; obviously the way you mentioned is correct but 9 days over two weeks is 4.5 days a week.

he does not work 9 days over 2 weeks

Looking at the rota for each of 2 weeks in the 9 week cycle the working days are
11,9,8,9,11,10,8,8,10

heretolearn_2

It looks right to me too.

You work fewer days per year than someone on a standard 5 day week.

Holiday is worked out per day you work, not how many hours those days are. For example, we have quite a few people doing 4 hours a day - they still get their 28 days holiday a year, not 14 because they are part time, but of course their leave 'days' are also 4 hours long.

Look at it this way, over a 45 day cycle (yes I really am that sad and have sat here and worked it out) a 5 day a week person works 33 days and gets 12 days off (weekends) .In 45 days you work 30 days and get 15 days off (your 3 day blocks).

You don't work full time when you are looking at the number of days, and that effects your holiday as it is based on number of days.

I agree with the above calculations but the employer should not be rounding down to 26 days, it needs to be rounded up to the nearest half day or day if they aren't going to give you the precise few hours that the 'odd' bit represents.

getmore4less

heretolearn wrote: »

Look at it this way, over a 45 day cycle (yes I really am that sad and have sat here and worked it out) a 5 day a week person works 33 days and gets 12 days off (weekends) .In 45 days you work 30 days and get 15 days off (your 3 day blocks).
.

it's a 9 week 63 day cycle work 42 off 21

45 days is not a multiple of 7

c-m

Do you really want to work for an employer that one provides the bare minimum as required by law? You may not have a choice right now, but I know i'd be looking to work for a company that actually values its employees.

Anyway more specific to your case, remember that holiday cannot be rounded down. So 26.1 days, should be 26 days plus half a day.

heretolearn_2

45 days is not a multiple of 7

you are right, urk, doh! I was just doing some quick working out in my head to try and explain to the OP that they don't work as many days a year as a 5 day a week person.

But 26.5 days is still correct for them.