P/t annual leave help required

theoretica

Actually, I think your employers do have a case, but very badly explained. Usually it is worked out in weeks, but I think hours is a bit clearer.

The full time employees get 25 days x 7 hours = 175 hours. You work 32/35 of their time. So 32/35 x 175 = 160 hours.

Consider a hypothetical employee working 35 hours over only 4 days (8.75 hours a day) and of course 25 x 35/35 = 25 days. 25 days at their 8.75 hours a day would go further (6 1/4 weeks) than the 25 days at 7 hours a day (5 weeks) of the other workers.

AP007

nobby114 wrote: »

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.

But your hours don't fluctuate do they? You are salaried? They pay you a days pay for a day holiday regardless of the hours worked as surely a person who does say 4 hours is not on the same as a person who does 8

Tell them that's rubbish

AP007

theoretica wrote: »

Actually, I think your employers do have a case, but very badly explained. Usually it is worked out in weeks, but I think hours is a bit clearer.

The full time employees get 25 days x 7 hours = 175 hours. You work 32/35 of their time. So 32/35 x 175 = 160 hours.

Consider a hypothetical employee working 35 hours over only 4 days (8.75 hours a day) and of course 25 x 35/35 = 25 days. 25 days at their 8.75 hours a day would go further (6 1/4 weeks) than the 25 days at 7 hours a day (5 weeks) of the other workers.

Surely if you are salaried and not hourly paid there is a difference

AP007

32 worked per week based on hours

The statutory entitlement is 179 hours and 12 minutes holiday

Or based on days

The statutory holiday entitlement is 22.4 days

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

theoretica

AP007 wrote: »

Surely if you are salaried and not hourly paid there is a difference

If you want it worked out by days the op works 4 out of 5.
25 x 4/5 = 20 days (+ the same calculation on bank holidays which is why this looks less than the statutory minimum).

The confusion comes from trying to do some bits of the calculation in hours and some in days.

JodyBPM

Surely in days it is (4/5)x25 = 20days (of your standard 8 hr length)

or in hours

(32/35) x (25x7) = 160 hours which equals 20 of your 8 hour days. (The 25x7 in this calculation is simply to calculate the full time annual leave in hours, and is in no way linked to the actual number of hours your work)

So I agree with your employer. I think you are forgetting that for every 1 day leave you take, you get 8 hours holiday pay, where as standard workers are only getting 7.

You also can't mix and match day or hourly calculations - either work it out in days (4/5 x no of days) or hours (32/35 x number of hours) as above.

AP007

Surely the hours worked don't matter if you are salaried?

You get salary / 52 / 4 to get your daily rate

As would the people working 5 days a week

Salary / 52 / 5 to get their daily rate

I say its still 8 hours that's the OPs daily rate not 7

Oh my calcs there were based on 20 plus bh days holiday not 25 plus bh

JodyBPM

My calcs were based on a/l only, not inc bank hols. Bank hols also need to be pro-rated and booked off for part timers, so OP will be entitled to (32/35) *( 7*7) hours bank holiday pay. Each b/h that falls on her working day she will need to book 8hours leave if she wants it off, but any that fall on her non working days she doesn't need to book off at all. Depending on whether or not she works Mondays probably depends on whether she has a little extra to add to her a/l entitlement, or whether she needs to use some extra a/l hours to book all the b/hs off

nobby114

But how can I only be given 7 hours a day bank holiday pay or annual leave if I'm contracted to 8 hours a day?

Apologies if I'm missing something obvious here.

AP007

nobby114 wrote: »

But how can I only be given 7 hours a day bank holiday pay or annual leave if I'm contracted to 8 hours a day?

Apologies if I'm missing something obvious here.

I say you need to tell the boss your daily rate and expect to get that rate for every day you take as holiday.