Holiday

Minimods

Not sure if this is the right section, but it seems to fit in with employment.

Basically I have been working for a company part time for about 6 months, initially on a 14hr week contract but I am now working 6 hours due to other commitments. I have not had any time off in this period, and have worked probably 300 hours in total. My pay slip doesn't state any entitled holiday, which has normally been on a part of my previous employers pay slip.

I am fairly sure I am entitled to some paid holiday, but how much and how do I work it out? Can they legally just not tell me? Can they legally not give me holiday if I don't 'claim' it? Can I claim holiday pay in lieu? Am I entitled to pay if my normal day of work is a bank holiday?

I am pretty sure part time holiday is worked out on a sliding scale, but can't find anything in writing.

Thanks

LittleVoice

Answers to some of your questions:

You should have a written statement of your Particulars of Employment. This has to include information about holidays. The information may be included in an offer letter or in a separate document. If you haven't got information from them about holidays, ask. They can't just decide not to tell you.

Payslips are not required to include information about holiday entitlement when you haven't taken any.

You can't claim holiday pay in lieu of holiday taken as far as your statutory entitlement is concerned, unless you leave the organisation during a leave year. You can be paid in lieu if your employer offers more than the statutory minimum.

There is no right to a bank holiday so if you don't work on a bank holiday you don't have an automatic right to payment. You need to see what, if anything, the written particulars say about bank or "customary" holidays.

Minimods

LittleVoice wrote: »

Answers to some of your questions:

You should have a written statement of your Particulars of Employment. This has to include information about holidays. The information may be included in an offer letter or in a separate document. If you haven't got information from them about holidays, ask. They can't just decide not to tell you.

Payslips are not required to include information about holiday entitlement when you haven't taken any.

You can't claim holiday pay in lieu of holiday taken as far as your statutory entitlement is concerned, unless you leave the organisation during a leave year. You can be paid in lieu if your employer offers more than the statutory minimum.

There is no right to a bank holiday so if you don't work on a bank holiday you don't have an automatic right to payment. You need to see what, if anything, the written particulars say about bank or "customary" holidays.

Thanks, that helps a bit

It's silly how they legally can't pay holiday in lieu! When you work part time, say only 1 day a week, you don't really need holiday but you need the money instead. It is also annoying that they won't pay bank holidays, because I am basically being forced to take a holiday.

Hope somebody can answer how to work out holiday entitlement.

LittleVoice

You need to see what they say about your holiday entitlement. It may be more than the statutory minimum.

There may be a change in statutory holiday entitlement in the near future. To work out your current minimum (statutory) entitlement: How many days a week do you work? Do you work the same number of hours on each of these days? We can then take it from there.

RibenaBerry_2

Right, first thing you need to do is find out what full time people get (e.g. 25 days plus bank holidays = 33 days). Then you need to pro rate it for your hours - i.e. you get a percentage of the full holiday entitlement. For example, if you work two and a half days a week and a full time position is five days a week, you'd get 16.5 days of holiday. If you work one day, you get one fifth of the holiday. Part time people have to be treated just as well as full time people, so it's always calculated this way.

If your hours have changed during the holiday year, you might need to do a more complicated calculation to work our your entitlement. HR/the company should be able to help you with this.

Bank holidays are odd and you need to find out how your company deals with them. Some companies will make you take it out of your overall entitlement, even if you're forced to take a holiday that day. Others won't. A day's holiday is however many hours you would normally work. So, if you work a four hour shift, four hours is a day's holiday.

Unfortunately, the holiday legislation is based on health and safety law from Europe. The idea is that it's a health and safety issue that people take time off work to rest and relax. That's why they aren't allowed to pay in lieu - because some employers would 'encourage' employees to take pay in lieu and, quite frankly, the EU think that they know better than you whether you need a holiday!

exil

Unfair. If employers were allowed to pay TIL they would end up not granting any holiday at all and claim they were paying extra to compensate.