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P/t annual leave help required

Can anyone help me on a very sore subject.

I work 8 hours a day 4 days a week so 32 hours a week.
Standard employees at work do 7 hour days over 5 days so 35 hours a week.

Annual leave is 25 days plus statutory days.
Mine are pro rata.

In theory I should get approx 22.5 days. Which I am given in hours.

However. My employers are only prepared to give me 7 hours a day holiday and not the 8 that I am contracted to do. That leaves me with 20 days holiday.

Can they do this ? Thanks
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Comments

  • ap1986
    ap1986 Posts: 214 Forumite
    Do you have an hours lunch break everyday? Do you get paid for it?
    Maybe that's why they're taking an hour from you?
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  • nobby114
    nobby114 Posts: 11 Forumite
    I am at work for 9 hours get paid for 8 as yes I have an hours lunch break. Others at work for 8 have hour for lunch so get paid for 7.
  • nobby114 wrote: »
    Can anyone help me on a very sore subject.

    I work 8 hours a day 4 days a week so 32 hours a week.
    Standard employees at work do 7 hour days over 5 days so 35 hours a week.

    Annual leave is 25 days plus statutory days.
    Mine are pro rata. If by "statutory days" you mean all the 8 public/bank holidays, then a full-time person receives 33 days in a normal year.

    In theory I should get approx 22.5 days. No - in reality you are entitled to 4/5 of the number of the total days = 26.4 days including the bank holidays (unless you did actually work them when the holiday time would need to be made up on another day). Which I am given in hours.

    However. My employers are only prepared to give me 7 hours a day holiday and not the 8 that I am contracted to do. That leaves me with 20 days holiday. If your contract says 8 hours, then your holiday days (all 26.4 of them) are 8 hours long. They are required to pay you for 8 hours.

    Can they do this ? Thanks

    Do check your written particulars of employment to ensure that it does say your contracted hours are 8 a day and not 7, with the extra hour being counted as over-time.
  • nobby114
    nobby114 Posts: 11 Forumite
    I'm def contracted to 8 hours a day. No overtime. I simply work 8 hours a day 4 days a week.
  • nobby114
    nobby114 Posts: 11 Forumite
    Sorry pressed reply before I had finished. It's 25 days plus the 8 bank hols. Work have said they have calculated my days as follows. (Same principle for bank hols and standard hols)

    25 days /35 hours x the 32 hours I work =22.8 x 7 hours (what a "standard" employee works = 160 hours. If i divide this by 8 hours a day it gives me 20 days holiday.
  • nobby114
    nobby114 Posts: 11 Forumite
    Sorry pressed reply before I had finished. It's 25 days plus the 8 bank hols. Work have said they have calculated my days as follows. (Same principle for bank hols and standard hols)

    25 days /35 hours x the 32 hours I work =22.8 x 7 hours (what a "standard" employee works = 160 hours. If i divide this by 8 hours a day it gives me 20 days holiday.
  • AP007
    AP007 Posts: 7,109 Forumite
    nobby114 wrote: »
    I'm def contracted to 8 hours a day. No overtime. I simply work 8 hours a day 4 days a week.
    Then its 8 hrs holiday for a day not 7 at all
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • nobby114
    nobby114 Posts: 11 Forumite
    Thanks I agree and have been arguing this with them but getting nowhere.
  • AP007
    AP007 Posts: 7,109 Forumite
    nobby114 wrote: »
    Thanks I agree and have been arguing this with them but getting nowhere.
    Ask them why they think its 7 hours
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • nobby114
    nobby114 Posts: 11 Forumite
    They say its because if i take 8 hours a day hols over 22.5 days then I'm theory I'm having more time off than a full timer. I've even shown them the .gov website and the acas website but still not budging. They just want to
    Compare me to a 7 hour day worker and are saying that the gov and acas calculations can't be used as they only apply to standard workers and not me. Not sure where to turn next. I feel really strongly about it so don't want to give in.
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