Please help me calculate holiday entitlement

getmore4less

paddedjohn wrote: »

If for instance the op had worked for only 6 months they would be entitled to a minimum of 14 days, they would have already used 5 on bank hols so they would only have 9 left to take, by using your method this would come out at 10 days.

This is where most people/employers still get it wrong for untaken holidays.

Using statutory 5.6 weeks full timer so 28 days.

If you work 6 months then the you are entitled to 14 days included in the 6 months.

if you work 6 months taking no holidays you are entiled to 26/46.4 * 28 = 15.7.

in between if you use some of the holidays.

getmore4less

Thriftysaver wrote: »

It depends on the contract. If it was 20 days plus bank holidays then my calculation is correct. If he gets 28 days then it is calculated as 2.33 days pcm. The better contract is separating bank holidays as all extra bank holidays are separated from the 20 days statutory annual leave entitlement.

Therefore the extra bank holiday for the Queen's birthday does not come into it.

As the OP stated that he received 20 days plus bank holidays, I believe that my calculations are correct.

Note annual leave does not mean that statutory entitlement for annual leave has to be written as 28 days, thus giving a sum of 28/52, and then applying the extra BH giving in effect only 19 days plus bank holidays.

Therefore I believe that the OP has a more beneficial contract of employment.

Nn interesteing interpritation, the problem is that it works for some periods and not for others.

The minimum statutory holidays will be based on the 28 days so for some periods where there are no BH the prorata of 20days will under holiday and they will need to make them up, where there are a lot of BH the employee will benifit.

As above for part years prorata for untaken holidays needs to count weeks worked/46.4(for statutory calculations) not 52

Thriftysaver

Littlevoice haha Queen's birthday now changed to Jubilee.(well it was late) I have changed it now.

Thriftysaver

Although they are widely observed throughout many parts of the UK, employees are not automatically entitled to a day off or extra pay on a bank or public holiday. Any such right will depend on the contract of employment.

Employers have, therefore, been able to include any paid time off in respect of bank and public holidays in workers' four-week minimum annual holiday entitlement under reg.13 of the Working Time Regulations 1998 (SI 1998/1833).[FONT=&quot][1][/FONT] The additional 1.6 weeks' holiday entitlement introduced in two phases on 1 October 2007 and 1 April 2009 under reg.13A is designed to provide all workers with four weeks' paid leave "in addition" to bank and public holidays. The additional leave entitlement is not, however, a right to paid time off on bank and public holidays per se. Rather the 1.6 weeks' additional leave - an extra eight days for workers with a five-day working week - equates to the number of bank and public holidays in England and Wales.


From April 1st 2009, The Working Time Regulations 1998 give workers the right to minimum paid annual leave of 5.6 weeks under WTR 1998 reg 13A.[FONT=&quot][2][/FONT] This equates to 28 working days’ leave for someone working 5 days per week per annum, or leave year. There is a total overall cap on the statutory entitlement of 28 days,[FONT=&quot][3][/FONT] although a worker may have a greater contractual entitlement.

The WTR 1998 originally provided that workers’ were entitled to 20 days annual leave.[FONT=&quot][4][/FONT] But problems arose when some employers included days off on bank holidays as part of those four weeks. Therefore as there are 8 bank holidays, workers were in effect receiving 12 days annual leave. The government therefore granted an additional 8 days in recognition of the 8 public and bank holidays.

There is no right to take the extra 8 days on the public/bank holidays in question, nor
to get paid extra, if required to work on those days, unless the worker has such a right, either expressly stated in their contract, or implied (custom or practice).


[FONT=&quot]Employers that, as of 1 October 2007, provide 5.6 weeks' leave[/FONT]

Under reg.26A of the Working Time Regulations 1998 (SI 1998/1833),[FONT=&quot][5][/FONT] reg.13A does not apply where, as at 1 October 2007, there was in place a relevant agreement giving each worker employed by the employer the lesser of 1.6 weeks' or eight days' annual leave in addition to the four weeks' entitlement under reg.13, provided that certain minimum conditions are met.
The minimum conditions are that the "additional" leave:

• is paid at the rate of a week's pay in respect of each week of leave;
• may not be replaced by a payment in lieu, except where the worker's employment is terminated; and
• may not be carried forward for more than one year.

Where, for example, an employer's contracts provide for paid leave entitlement of four weeks plus eight bank holidays, all paid at the normal rate of pay, this right replaces the right contained in reg.13A, provided that there is no provision for payment in lieu, except on termination, and only leave in addition to the four-week minimum can be carried forward, with this limited to carry-over into the following year.

Where the "additional" leave exceeds the lesser of 1.6 weeks or eight days, the employer is free to make provision for the worker to sell back unused leave in excess of 1.6 weeks or eight days, or to carry it over for any number of years. For example, where an employer's contracts provide for paid leave entitlement of five weeks plus eight bank holidays, this will equate to 33 days' leave for a worker who works a five-day week. The employer could, therefore, allow the employee to sell back up to five days of unused leave, or carry it over for more than one year, and still comply with reg.26A.

If the employer ceases to provide the lesser of 1.6 weeks' or eight days' annual leave in addition to the four weeks' entitlement under reg.13 for each of its workers, reg.13A will apply.

[FONT=&quot][1][/FONT] Working Time Regulations 1998 (SI 1998/1833) Reg 13

[FONT=&quot][2][/FONT] WTR 1998 reg 13A

[FONT=&quot][3][/FONT] WTR 1998 reg 13(3)

[FONT=&quot][4][/FONT] WTR 1998 reg 13

[FONT=&quot][5][/FONT] WTR 1998 Reg 26A




Sorry for the essay

getmore4less

Works for full years but not part years

For part years you have to prorata 28 days to establish the minimum entitlement for payment in lieu on termination, prorata just 20 does not work.

the extra could be prorated seperately but why bother when one calcualtion will do.


Under your interpretation of the rules(you seem to be using 26a for this) an employer could give 20 days and then give another 8 days on the last day of the holiday year.

So if you leave before the last day of the holiday year you are only entitled to prorata 20 days and never get the 8 days

Thriftysaver

Sorry for the delay in replying. Yes I interpreted under 26A, as the OP stated heshe is entitled to 20 days plus bank holidays. But it all depends on what it states in his/her contract of employment.

If the contract states the above, then the employer is not using the OP's statutory entitlement of 20 days to reduce this to 12 in a full year.

If as the OP states that he/she is entitled to the above he/she receives 20 days (pro rated) and all bank holidays, even if an extra 2 were added in any given year.

However, if it is 28 days including bank holiday's then the annual leave entitlement would be just that. Therefore the extra day added this year for the Queen's Jubilee would be taken into this calculation, thus losing the choice to decide which day he/she wants to take annual leave.

There is never one clear answer as it depends on how OP's contract as to the specific number of days he/she is owed and how his/her annual entitlment is worded. So it is not as simple as saying everyone is entitled to 28 days.

Based on 28 days, the OP would have already taken 21 days, 7 days BH and 14 days, and this calculation would leave him with no annual leave owed, as the employer would not be under a contractual obligation to pay for the BH for the Queen's Jubilee.

But if the OP's contract does indeed state 20 days plus all bank holidays then he/she is owed one day's annual leave as based on the simple calculation of 20 days statutory entitlement, and therefore does not evade the interpretation of the new statute by counting the BH's as part of the employee's annual leave.

So it all comes down to what is in the contract.

anamenottaken

Thriftysaver wrote: »

But if the OP's contract does indeed state 20 days plus all bank holidays then he/she is owed one day's annual leave as based on the simple calculation of 20 days statutory entitlement, and therefore does not evade the interpretation of the new statute by counting the BH's as part of the employee's annual leave.

Sorry, the OP will be working for three-quarters of a year and all holiday entitlement should be calculated on a pro rata basis up to the date of termination of employment.

If Bank Holidays are not quantified in the contract (ie it doesn't specify 8 bank holidays) they would still have to be apportioned. Therefore the time for nine bank holidays in a year would be pro rated to 6.75 days for the period to the end of September.

Of course the employer could choose to pay whole days if they wished.

Thriftysaver

So it still depends on what it states in the contract of employment regarding BH's.
When working for a solicitor, just after finishing my law degree, this is what it stated in my contract, 20 days plus bank holidays. I would therefore have received all bank holiday's paid, if I had stayed a full year.

However, as solicitors are known to pay their staff the mimimum statutory requirements 20 days holiday is what I received pro rata, plus bank holidays. Perfectly legal, because of my contract. I would have been paid for the bank holiday's if I had stayed there, but as a bank holiday hadn't occurred before I left, I did not accrue 2.33 days per month but the statutory entitlement of 1.6 days.

Also when working at the CAB I was told never to advise on what annual leave was accrued without first looking over the employment contract or terms and conditions of employment.

Because of the uncertainty of Employment law, as a lot of it is ACAS guidelines, I hated this module.

mildred1978

Thriftysaver wrote: »

So it still depends on what it states in the contract of employment regarding BH's.
When working for a solicitor, just after finishing my law degree, this is what it stated in my contract, 20 days plus bank holidays. I would therefore have received all bank holiday's paid, if I had stayed a full year.

However, as solicitors are known to pay their staff the mimimum statutory requirements 20 days holiday is what I received pro rata, plus bank holidays. Perfectly legal, because of my contract. I would have been paid for the bank holiday's if I had stayed there, but as a bank holiday hadn't occurred before I left, I did not accrue 2.33 days per month but the statutory entitlement of 1.6 days.

Also when working at the CAB I was told never to advise on what annual leave was accrued without first looking over the employment contract or terms and conditions of employment.

Because of the uncertainty of Employment law, as a lot of it is ACAS guidelines, I hated this module.

You have a law degree but don't know that the plural of holidays does not have an apostrophe? Yikes :eek:

anamenottaken

Thriftysaver wrote: »

So it still depends on what it states in the contract of employment regarding BH's.
When working for a solicitor, just after finishing my law degree, this is what it stated in my contract, 20 days plus bank holidays. I would therefore have received all bank holiday's paid, if I had stayed a full year.

However, as solicitors are known to pay their staff the mimimum statutory requirements 20 days holiday is what I received pro rata, plus bank holidays. Perfectly legal, because of my contract. I would have been paid for the bank holiday's if I had stayed there, but as a bank holiday hadn't occurred before I left, I did not accrue 2.33 days per month but the statutory entitlement of 1.6 days.

Also when working at the CAB I was told never to advise on what annual leave was accrued without first looking over the employment contract or terms and conditions of employment.

Because of the uncertainty of Employment law, as a lot of it is ACAS guidelines, I hated this module.

If the statutory entitlement was 20 days then this was obviously a good number of years ago.

Even taking into account the time you were working there, if you accrued statutory holiday at just 1.6 days/month, then you were not being treated fairly/legally.