Pro-rated holiday entitlement rounded down

Pippaki

Hello all,
I work part time my holidays are pro-rated. However, my company have rounded my entitlement down from 27.2 to 27. Now I know they are not allowed to do that. I am trying to find which section in the working time directive section this would be related to. I have already shown them ACAS information regarding this but they consider company guidelines supersedes the law and also the holiday entitlement calculator which says below that they cannot round down. Their answer to my query was that "the rounding has always been done this way" and that they "are giving me at least the statutory minimum leave in line with ACAS guidelines." and "therefore they are unable to change my rounding".

Furthermore, I know that staff whose holiday entitlements were calculated and came to 26.4 would then be rounded up to 26.5.

Would really appreciate your help.
Thanks Antje

Takeaway_Addict

If its above statutory then they can do whatever they wish with the rest. The arguement you may have is that they are treating part timers differently to full time workers but to enforce this you would have to goto a tribunal which would pretty much destroy your relationship with them completely.

Pick your battles, if they are giving more than statutory is it really worth it over a couple of hours?

System

Part time but you still get 27 days holiday seems very generous.

Rounding to the nearest half day seems fair as long as they are still giving you the statutory minimum.

Seems a very petty thing to be complaining about over less than a 1/4 of a day.

getmore4less

goater78 wrote: »

Part time but you still get 27 days holiday seems very generous.

Rounding to the nearest half day seems fair as long as they are still giving you the statutory minimum.

Seems a very petty thing to be complaining about over less than a 1/4 of a day.

it's equivalent to reducing the pay rate.

browneyedbazzi

As above, the company can set whatever rules they want with regard to leave entitlement so long as you have more than the statutory minimum. Many companies have policies that round down leave to the nearest whole or half day or that calculate leave based on whole calendar months only.

I don't know why you thought they aren't allowed to do this, but you were mistaken.

Pippaki

I know its only .2 but i have worked a long time in this company and i should have the right to be treated fairly. It shouldnt make a difference if my entitlement was 12.2 or 27.2. Rounding down is not allowed regardless if more than statutory entitlement is received?

browneyedbazzi

Pippaki wrote: »

Rounding down is not allowed regardless if more than statutory entitlement is received?

It is allowed though.

You might not think it is right or fair etc, but that doesn't change the law.

Pippaki

Could you provide me with a link to where i can find that it is allowed? Thanks

System

Pippaki wrote: »

Could you provide me with a link to where i can find that it is allowed? Thanks

Maybe it would be easier for you to prove it isn't allowed?

Without access to your contract people can't say either way. I would be surprised if the rounding rules were not specified in your companies policy/contract. Which I assume you've agreed to.

sitesafe

Pippaki wrote: »

Could you provide me with a link to where i can find that it is allowed? Thanks

Not sure without searching but think it comes under working times regulations ... there's a bit there about how they work out holiday entitlement

browneyedbazzi

Pippaki wrote: »

Could you provide me with a link to where i can find that it is allowed? Thanks

The way that laws generally work is that they set out what isn't allowed. Anything that isn't prohibited in law is allowed. There is not a big long list of things that are allowed that you can link to.