Part-time contract and holidays

dhokes

Hi

I have a 12 hour/week contract and my holiday entitlement is 25 working days pro rata which equates to 60 hours annually.

However, I've been constantly working over 12 hours per week due to the company's needs (rather than wants) and getting paid for it at my basic rate. Over the last 12 weeks, I've worked on average 5 extra hrs/wk.

Since April, my manager has told me that he will look at my hours in the contract yet it hasn't been adjusted.

I am planning to leave my current work soon and I was wondering whether my legal entitlement to unpaid holiday should be calculated with a figure of 60 hours or a larger figure?

Due to consistently working more than my contracted hours, is there anything else I should be legally entitled to?

Many thanks

zzzLazyDaisy

Holiday pay is calculated on normal working hours as set out in the contract. Overtime is expressly excluded from the calculation of holiday pay.

See Ss 221 & 234 Employment Rights Act 1996

However I'm not sure why your holiday pay is calculated on a FTE of 25 days? Statutory holiday pay is 5.6 weeks for a full-time worker working 5 days a week (this equates to 28 days, and includes bank holidays)

anamenottaken

dhokes wrote: »

Hi

I have a 12 hour/week contract and my holiday entitlement is 25 working days pro rata which equates to 60 hours annually.

However, I've been constantly working over 12 hours per week due to the company's needs (rather than wants) and getting paid for it at my basic rate. Over the last 12 weeks, I've worked on average 5 extra hrs/wk.

Since April, my manager has told me that he will look at my hours in the contract yet it hasn't been adjusted.

I am planning to leave my current work soon and I was wondering whether my legal entitlement to unpaid holiday should be calculated with a figure of 60 hours or a larger figure?

Due to consistently working more than my contracted hours, is there anything else I should be legally entitled to?

Many thanks

The important thing is that you have a contract for 12 hours/week. Any hours you do in excess of that can be considered as overtime and do not attract paid leave.

However, I do not understand the calculation of 60 hours annual entitlement. As well as those 60 hours are you meant to get an allowance for bank holidays or do they relate to less than a year of service?

Having a contract for 12 hours/week means you should be entitled to 5.6 weeks of those 12 hours, that is for a complete year 67.2 hours (which cannot be rounded down but could be rounded upwards).

dhokes

zzzLazyDaisy wrote: »

Holiday pay is calculated on normal working hours as set out in the contract. Overtime is expressly excluded from the calculation of holiday pay.

See Ss 221 & 234 Employment Rights Act 1996

However I'm not sure why your holiday pay is calculated on a FTE of 25 days? Statutory holiday pay is 5.6 weeks for a full-time worker working 5 days a week (this equates to 28 days, and includes bank holidays)

anamenottaken wrote: »

The important thing is that you have a contract for 12 hours/week. Any hours you do in excess of that can be considered as overtime and do not attract paid leave.

However, I do not understand the calculation of 60 hours annual entitlement. As well as those 60 hours are you meant to get an allowance for bank holidays or do they relate to less than a year of service?

Having a contract for 12 hours/week means you should be entitled to 5.6 weeks of those 12 hours, that is for a complete year 67.2 hours (which cannot be rounded down but could be rounded upwards).

Hmm, I'm glad I raised this question.

I've got a part-time annualised contract and it states 'you will not be required to work statutory holidays'.

Handbook states - 'Basic holiday entitlement is 25 working days in addition to Public Holidays unless stated otherwise in your offer letter.'

I guess I'll have to inform them that it doesn't abide by the law? And if I've already signed against it and I intend to leave soon, what would be my best course of action?

zzzLazyDaisy

They can state anything they like in your offer letter. But what they can't do is offer you less that the statutory minimum holidays, which is 28 days a year for a full time worker on working 5 days a week. They also cannot discriminate against you simply on the grounds that you are a part-time worker. So if their only explanation for the lower holiday allowance is that you work part-time, that is unlawful.

I would speak to HR, and if you cannot come to a satisfactory solution, then you need to lodge a grievance.

This calculator will help you working out what your statutory entitlement is

https://www.gov.uk/calculate-your-holiday-entitlement

Normal bank holidays are 8 days per year (though this can vary as it did last year). So 25 days plus bank holidays = 33 days FTE rather than the normal 28 day stat min.

Hope this helps

D

dhokes

zzzLazyDaisy wrote: »

They can state anything they like in your offer letter. But what they can't do is offer you less that the statutory minimum holidays, which is 28 days a year for a full time worker on working 5 days a week. They also cannot discriminate against you simply on the grounds that you are a part-time worker. So if their only explanation for the lower holiday allowance is that you work part-time, that is unlawful.

I would speak to HR, and if you cannot come to a satisfactory solution, then you need to lodge a grievance.

This calculator will help you working out what your statutory entitlement is

https://www.gov.uk/calculate-your-holiday-entitlement

Normal bank holidays are 8 days per year (though this can vary as it did last year). So 25 days plus bank holidays = 33 days FTE rather than the normal 28 day stat min.

Hope this helps

D

I think this is becoming clearer.

1. I get bank holidays off as paid holiday (which I'm not required to work on) and another 60 hours. And this is legal, right?

2. When I take a day off as paid holiday, it's calculated as 4 hours of paid holiday as I'm contracted/rota-ed to work (4hrs x 3 days/week) which I understand. When there's a bank holiday, it's calculated as 2.5 hours paid holiday. Is that correct?/How would that be calculated?

LittleVoice

dhokes wrote: »

I think this is becoming clearer.

1. I get bank holidays off as paid holiday (which I'm not required to work on) and another 60 hours. And this is legal, right?

2. When I take a day off as paid holiday, it's calculated as 4 hours of paid holiday as I'm contracted/rota-ed to work (4hrs x 3 days/week) which I understand. When there's a bank holiday, it's calculated as 2.5 hours paid holiday. Is that correct?/How would that be calculated?

What holiday entitlement does/would a full-time person receive who (other than for the hours worked) is in an equivalent role. That is, if your job were actually a full-time one, what holiday entitlement would you have. From that we can calculate what your entitlement is.

Can you confirm that a full-time person receives 33 days (including an allowance of 8 bank holidays)? If not, what do they get?

dhokes

LittleVoice wrote: »

What holiday entitlement does/would a full-time person receive who (other than for the hours worked) is in an equivalent role. That is, if your job were actually a full-time one, what holiday entitlement would you have. From that we can calculate what your entitlement is.

Can you confirm that a full-time person receives 33 days (including an allowance of 8 bank holidays)? If not, what do they get?

There isn't anyone else in an equivalent role.

I don't know what other full-time staff receive as different staff have different contracts.

LittleVoice

dhokes wrote: »

There isn't anyone else in an equivalent role.

I don't know what other full-time staff receive as different staff have different contracts.

So what do you do? Are you the only person who works in the office/factory/shop/mobile or whatever at your level of responsibility?

So there is no staff handbook which explains holidays and related procedures?

What did you mean by "25 working days pro rata" in your first post? Was that meant to indicate that a full-time person would receive 25 days (which we know is not the lawful total) or that your holidays should be 25 days?

dhokes

LittleVoice wrote: »

So what do you do? Are you the only person who works in the office/factory/shop/mobile or whatever at your level of responsibility?

So there is no staff handbook which explains holidays and related procedures?

What did you mean by "25 working days pro rata" in your first post? Was that meant to indicate that a full-time person would receive 25 days (which we know is not the lawful total) or that your holidays should be 25 days?

Accounts and yes, I'm the only one who works on them.

There is and that's where I'm getting this information from but it's not completely clear and I want to know the correct lawful position.

"25 working days pro rata" - My contract states that this is my annual holiday entitlement.

I think all full time staff have 25 working days in addition to public holidays.

LittleVoice

dhokes wrote: »

Accounts and yes, I'm the only one who works on them.

There is and that's where I'm getting this information from but it's not completely clear and I want to know the correct lawful position.

"25 working days pro rata" - My contract states that this is my annual holiday entitlement.

I think all full time staff have 25 working days in addition to public holidays.

Your comparator doesn't have to be someone who works on accounts. That's why I mentioned "office" and "level of responsibility", I didn't mean "does the same tasks".

Saying "25 working days pro rata" doesn't mean anything unless it says what it is pro rated to. Ask them what they mean by it. (In fact I've read back and see the handbook says 25 days plus public holidays so we can take that as 33 days for a full-time person.)

If the full-time staff do have 25 plus 8 bank holidays in a standard year, that is 33 days. As you work 3 days a week, you should recceive 3/5 of that total - so 19.8 days (your 4-hour days) and thus 79.2 hours.. They can't round that down (because that would be unfair in relation to full-time staff) but can round it up.

If you would normally work on a bank holiday, they should pay you for 4 hours and deduct it from the rest of your allowance. If a bank holiday falls on a day you would not normally work, you should not be paid for it and should not have it deducted from your leave allowance.