part time holiday entitlement

thehammer_2

My contract says holiday entitlement is worked out pro rata, inclusive of bank holidays. I usually work 3 days but not always the same hours or days. I am told 3 days is is my normal week so i get 12 days holiday (3x4). I have seen tho that pro rata is days x 5.6, which is 16.8. Is this right? There is 8 listed public/bank holidays in my contract but in a bar I'm normally required to work bank holidays anyway.

Also how should holiday pay be worked out? I work in a bar part time and mostly work three nights, but not always the same amount of days or hours. In my contract it simply says pay is worked out on average last 12 weeks. I am told that as I mostly work 3 days this constitutes a week for me even tho this is not mentioned in my contract. I had been doing extra days/hours in the last 12 weeks but this was not reflected in my holiday pay. Is this right? The extra days worked are being taken into account when dividing my weekly average pay, (e.g ave wage over last 12 week is £100 but because i may have worked more than the 3 days some weeks it might be average 3.5 days. So 100 / 3.5 = 28.57 X 3 = 85.71 (even though my average was £100)) but yet I am receiving no extra holidays as a result of extra days worked.

getmore4less

What are your contractual hours?


Ask what hours full timers work and holidays full timers get.

Should be a minimum of 5.6 weeks inc BH.

You get prorata based on contractual hours.
(if they are fare hours worked upto full time

thehammer_2

There is no stated days or hours in my contract. It just says variable and necessitated by the needs of the business. There is no full time workers but contract says 28 days inclusive of bank holidays.

Savvy_Sue

I think they've left the bank holidays off: do you always work the same no. of hours each day? If not, might be best to work it out in hours and book it in hours!

getmore4less

OP had a second question but that is tied with this and they need to be looked at together

How should holiday pay be worked out? I work in a bar part time and mostly work three nights, but not always the same amount of days or hours. In my contract it simply says pay is worked out on average last 12 weeks. I am told that as I mostly work 3 days this constitutes a week for me even tho this is not mentioned in my contract. I had been doing extra days/hours in the last 12 weeks but this was not reflected in my holiday pay. Is this right? The extra days worked are being taken into account when dividing my daily average pay, but yet I am receiving no extra holidays as a result of extra days worked.


please keep asnser here

for reference
https://forums.moneysavingexpert.com/discussion/4231479

thehammer_2

maybe the other question was releated to this but i just wanted to keep it as concise as possible as to recieve simpler answers to my questions. I have googled my questions and have found various things regarding it on the government website and on business link etc but unfortunatly nothing specific to my area of work. Does anyone have a straight forward answer to this? My contract doesnt go into detail on the matter.

paddedjohn

The easiest way to work out your entitlement is in hours, multiply any hours worked by 12.07% and you will get your entitlement.

from the directgov site

Casual or irregular working patterns

If you work casually or irregular hours it may well be easiest to calculate the holiday entitlement that accrues (accumulates) as hours are worked. The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of the hours you worked. The 12.07 per cent figure is:
5.6 weeks' holiday, divided by 46.4 weeks (being 52 weeks - 5.6 weeks) multiplied by 100 = 12.07 per cent
The 5.6 weeks have to be excluded from the calculation as you would not be present during the 5.6 weeks in order to accrue annual leave. For example, if you had worked 10 hours, you would be entitled to 72.6 minutes' paid holiday:
12.07 per cent x 10 hours = 1.21 hours = 72.6 minutes
The holiday entitlement is just over seven minutes for each hour worked.
Shift workers

If you are a shift worker your leave is calculated by using an average of your shifts over a 12 week period.
For example, if you always work four 12 hour shifts, followed by four days off (the ‘continental’ shift pattern) then the average working week is three-and-a-half 12 hour shifts. You would be entitled to 19.6 shifts of 12 hours as annual leave a year:
5.6 weeks x 3.5 shifts = 19.6 12 hour shifts
For other shift patterns, it may be easiest to calculate according to the established pattern of repeat.

getmore4less

The problem is the direct gov is an interpretation of the legislation.

When it comes to the actual employment acts there are interactions with the "weeks pay" using averaging which complicates if a company has gone down that route.

there is still the issue of contracted hours which don't accrue holidays for overtime, over genuine variable hour contracts like zero hoiurs which do.

thehammer_2

That's the thing. It was suggested that it was overtime as my usual work is 3 days but this has never been mentioned before nor does it say that in my contract. As stated above there is no mention of contracted days/hours

getmore4less

How have you got to the understanding that you do 3 days as standard week.

You need to establish what is considered standard hours or if you are a genuine variable hours worker.

You could test this by no longer doing overtime.

what does the contract say about being required to do hours.

You may need to ask them what the calculations are they use and where they have come from in the employment law. probably a combination of the working time(holidays) and 1986 act(weeks pay).

there was another thread recently that also had a similar issue.