Holiday Entitlement and Bank Holidays

buckedoff

I'm wondering if anyone can help with me with a problem i'm having with holiday entitlement and bank holidays.

I work part time, four day per week. This gives me a statutory entitlement of 22.4 per year.

I do not work Mondays, my employer is trying to take 8 days holiday from my entitlement to account for the bank holidays, even though this is my normal day off.

What sites or links can I use to prove this is wrong and that I should not legally be penalised because most bank holidays are on Mondays.

Please help!

Torry_Quine

buckedoff wrote: »

I'm wondering if anyone can help with me with a problem i'm having with holiday entitlement and bank holidays.

I work part time, four day per week. This gives me a statutory entitlement of 22.4 per year.

I do not work Mondays, my employer is trying to take 8 days holiday from my entitlement to account for the bank holidays, even though this is my normal day off.

What sites or links can I use to prove this is wrong and that I should not legally be penalised because most bank holidays are on Mondays.

Please help!

That is wrong. If someone normally works on a bank holiday and the company closes then yes a day from your leave is taken but as you don't work then it isn't needed.

Goldiegirl

I work part time, two days a week, 8 hours a day.

A full timer in my office has a five day week, working seven hours a day.

Being a part time person, I find it easier to do my holiday allowance in hours

A full time person gets 24 days holiday per year, and 8 bank holidays.

Therefore the hourly figure is 24 x 7hrs = 168 hours and 8 x 7hrs = 56

So a full time person gets 224 hours per year.

I work 45.71% of a full timers hours so my holiday entitlement is 45.71 % of 224 hrs = 102hrs.

I work Thursdays and Fridays, so out of that 102 hours, I need to take off any bank holidays that fall during my working week. So in 2013, Xmas Day falls on a Thursday, and there is also Good Friday.

So thats 2 x 8 hours = 16 Hrs of holiday time.

102 hrs less 16 hours = 86hours

Therefore I have 86 left to take throughout the rest of the year

In days that is 10.75 days. As I only work two days a week, that is more than 5 weeks holiday.

Maybe try working out your entitlement using this method.

You shouldn't have to take a days holiday for a bank holiday which is not a working day in your working pattern

Hope this helps, it's quite complex. It took me a while to get my head round it all!

buckedoff

Torry_Quine wrote: »

That is wrong. If someone normally works on a bank holiday and the company closes then yes a day from your leave is taken but as you don't work then it isn't needed.

That's what I figured but my manager says it isn't fair as I'm getting almost as much holiday as the full timers. I tried to explain that i'm being wronged just because I have Mondays off as a usual day so I really need something official were I can show that this isn't right.

Would Citizens Advice be able to help do you think? It's a small company so we have no HR department or union etc. Worried i'm going to lose half my holiday

LittleVoice

The paid 22.4 days entitlement is correct (as long as full-timers don't get more than 28 days) and that is of your (otherwise) working days.
Obviously Good Friday would be deducted from that but not all the Mondays (or at Christmas/New Year when any of that is on a Monday).

The reason why the Monday bank holidays cannot be deducted from your holiday entitlement is that the entitlement is to PAID leave and you are not being paid for those Monday bank holidays.

paddedjohn

Just explain to your manager that a full timer works 5 days so gets 28 days inc bank hols and that because you work 4 days you are entitled to 4/5ths of the full timers holiday which as you rightly worked out equals 22.4 days which can be rounded up but not down.

Entitlement
Almost all workers are legally entitled to 5.6 weeks paid holiday per year (known as statutory leave entitlement or annual leave).
Self-employed workers aren’t entitled to annual leave.

Working 5 days a week

Most workers who work a 5-day week, must receive 28 days paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
Working part-time

Part-time workers are also entitled to a minimum of 5.6 weeks of paid holiday each year, although this may amount to fewer actual days of paid holiday than a full-time worker would get.
Example
A worker works 3 days a week, their leave is calculated by multiplying 3 by 5.6 which comes to 16.8 days of annual paid leave.

Taken from here.
https://www.gov.uk/holiday-entitlement-rights

martinthebandit

https://www.gov.uk/calculate-your-holiday-entitlement you should find this useful.

tomnat

I'm having a similar problem with my work place which I could do with some advice on.
I work in local government and currently work 18.5 hours per week job sharing with a colleague.
I work all day Monday, all day Tuesday and half a day Wednesday. My line manager has just come to me this week and told me that I'm only entitled to half a days leave for bank holidays and I need to repay the leave I owe for last years bank holidays.
I tried arguing that as almost all the bank holidays fall on Mondays, which is a normal day of work I should be entitled to the whole day off.
This would work out that when I get my leave entitlement in April, I will get 15 days, out of which approximately 3-4 days will need to be taken for bank holidays leaving me with 10-11 for a whole year.
My colleague who job shares with me will keep his full entitlement as there's only really Easter where there's a Friday bank holiday and this is negated by Easter Monday (and poss Xmas).
Plus he will also receive a half day for each bank holiday that is in the first half of the week.
I feel this is so unfair. I've tried speaking to our HR dept but they are useless and our Unison rep isn't much better.
Anyone know if they are correct to do this? I went job share after returning from maternity leave but this sort of thing is hardly an incentive to get women back in the workplace!

paddedjohn

Assuming a full timer works 37 hrs and gets 28 days including bank holidays leave as a minimum then you are entitled to a minimum of 14 days leave per year which can include bank holidays, if your workplace is closed on a bankholidays then you should be paid for that day and a day deducted from your 14 days.

tomnat

A full timer at our place gets 31 days plus all stat bank holidays, hence my entitlement being roughly 15 days. As my place of work is closed on bank hols and all full time staff get stat bank holidays on top of their leave entitlement this is why I assumed that if I should normally be in work on a bank hol then I would be entitled to the full day off.

Torry_Quine

tomnat wrote: »

A full timer at our place gets 31 days plus all stat bank holidays, hence my entitlement being roughly 15 days. As my place of work is closed on bank hols and all full time staff get stat bank holidays on top of their leave entitlement this is why I assumed that if I should normally be in work on a bank hol then I would be entitled to the full day off.

You are entitled to the full day off but it comes off your holiday entitlement. You are entitled pro-rata to bank holidays if full-time staff have them on top of the 31 days. Do they really have 39 days in total as that would mean you get more than 15?