Pro-rated holiday entitlement rounded down

Pippaki

I have found the following:
http://www.nidirect.gov.uk/index/information-and-services/employment/employment-terms-and-conditions/flexible-working/part-time-work.htm

Holidays
All workers have the right to a minimum amount of annual holiday. From 1 April 2009 the statutory minimum entitlement is 5.6 weeks holiday a year, based on your normal working week. For example, if you work:

20 hours a week, your statutory holiday entitlement is 5.6 20-hour weeks
three days each week, you have the right to 16.8 days' holiday - that's 5.6 weeks of three days each
Many employers give more than the statutory minimum amount of holiday. Under the regulations part-timers should be treated no less favourably. This normally means that a part time worker will get a pro rata proportion of what the full-time workers get. Your employer can't round down the number of days given, because this would be unfavourable treatment, but fractions of a day might be given as hours.

or this one:
http://www.acas.org.uk/media/pdf/7/o/Holidays-and-holiday-pay.pdf

How do you manage part days?
Holiday entitlements for some employees who work part-time may be made
up of part days – for example, 22.4 days for someone working four days a
week. Employees whose leave year starts before or after 1 April may also
have holiday entitlements made up of part-days (see above). An employer
can manage these part-days by:
• taking the part-day off a day’s shift (an employee leaves early or comes
in late)
• rounding the time up to the nearest full day (the time cannot be
rounded down)
• paying the employee for the part-day owed
• allowing the employee to carry over the part-day to the next leave year

or, if you go to the direct.gov.uk website and use their holiday entitlement calculator it says at the bottom that:
"The employer.....must not round down the holiday entitlement, but may round up."

browneyedbazzi

The examples you give are all based on the statutory minimum holiday entitlement - if the employer only gives the statutory minimum then they cannot round it down when calculating pro rata entitlements because that would take the employee's leave below the statutory minimum.

Your employer offers more that the statutory minimum entitlement so rounding down will not take you below that limit so it isn't a problem.

Pippaki

But the NIDIRECT site states "Many employers give more than the statutory minimum amount of holiday. Under the regulations part-timers should be treated no less favourably. This normally means that a part time worker will get a pro rata proportion of what the full-time workers get."

The holiday entitlement is based on what I was entitled to working full time. I am still of the opinion that I am treated unfair as if I had remained in full time employment I would have a greater holiday entitlement (ie. 34 days rather than 33.75).

sitesafe

Pippaki wrote: »

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

This is a link to Acas who have an advice leaflet available on pdf format...

http://www.acas.org.uk/index.aspx?articleid=806

This is a bit from it in relation to part days but as others have said it may just be based on minimum entitlement:

How do you manage part days? Holiday entitlements for some employees who work part-time may be made up of part days – for example, 22.4 days for someone working four days a week. Employees whose leave year starts before or after 1 April may also have holiday entitlements made up of part-days (see above). An employer can manage these part-days by: • taking the part-day off a day’s shift (an employee leaves early or comes in late) • rounding the time up to the nearest full day (the time cannot be rounded down) • paying the employee for the part-day owed • allowing the employee to carry over the part-day to the next leave

sitesafe

Pippaki wrote: »

I have found the following:
http://www.nidirect.gov.uk/index/information-and-services/employment/employment-terms-and-conditions/flexible-working/part-time-work.htm

Holidays
All workers have the right to a minimum amount of annual holiday. From 1 April 2009 the statutory minimum entitlement is 5.6 weeks holiday a year, based on your normal working week. For example, if you work:

20 hours a week, your statutory holiday entitlement is 5.6 20-hour weeks
three days each week, you have the right to 16.8 days' holiday - that's 5.6 weeks of three days each
Many employers give more than the statutory minimum amount of holiday. Under the regulations part-timers should be treated no less favourably. This normally means that a part time worker will get a pro rata proportion of what the full-time workers get. Your employer can't round down the number of days given, because this would be unfavourable treatment, but fractions of a day might be given as hours.

or this one:
http://www.acas.org.uk/media/pdf/7/o/Holidays-and-holiday-pay.pdf

How do you manage part days?
Holiday entitlements for some employees who work part-time may be made
up of part days – for example, 22.4 days for someone working four days a
week. Employees whose leave year starts before or after 1 April may also
have holiday entitlements made up of part-days (see above). An employer
can manage these part-days by:
• taking the part-day off a day’s shift (an employee leaves early or comes
in late)
• rounding the time up to the nearest full day (the time cannot be
rounded down)
• paying the employee for the part-day owed
• allowing the employee to carry over the part-day to the next leave year

or, if you go to the direct.gov.uk website and use their holiday entitlement calculator it says at the bottom that:
"The employer.....must not round down the holiday entitlement, but may round up."

Seems our posts crossed sending the same link!

Pippaki

Yes, they did. I also found this link:
http://www.lawsociety.org.uk/advice/practice-notes/holiday-entitlement/#cc2.3

2.3 Part-time workers
Under the WTR 1998, part-time workers are entitled to the same 5.6 weeks' annual leave as other workers. By virtue of them working part-time hours the 5.6 weeks will be the pro-rata equivalent of the amount available to a full-time worker.

If a full-time worker is entitled to more than the statutory minimum holiday entitlement, then part-time workers should also receive more than the statutory minimum, which is to be calculated on a pro-rata basis.

This is because under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, part-time workers must not suffer less favourable treatment (including contractual benefits) than full-time workers on the basis of their part-time status, unless it can be objectively justified.

Takeaway_Addict

I think you are correct but it still comes down to enforcing it which is practically impossible considering it costs £1200ish to go to a tribunal.

Also, if you keep pushing it I presume if you were on a higher wage than your comparable pro-rata you would have no issue in it being reduced?

Pick the battles to give your employer the hump over.

And it is wrong and a decent employer would give you those two hours but if you have been there for a while they can't be all bad because if they were you would have left already but ultimately, its 2 hours.

Takeaway_Addict

If it were me I would ask them again to reconsider over the time and then if they still refused look at working more to rule to make a point (but don't get yourself in trouble) and maybe start looking for another job.

Other than that I struggle to see what else you can do.

Southend1

Are you a union member? Since this is a collective issue affecting all part timers, it will be something a recognised union can address directly with the employer on behalf of all of you. If the union isn't recognised they will still be able to support and advise you on the best way to deal with the issue. Your employer will have a grievance procedure which is intended for employees to raise issues like this.

Pippaki

I am not in a union but have successfully dealt with our HR team when I went on maternity leave when they were trying to reduce my holiday entitlement during maternity leave from contractual to statutory. In the end, this got everyone on maternity an additional weeks paid holiday.

For me, its a matter of principle. To me x.2 days holidays doesn't amount to much but when I think how many staff in our company are part-timers then this is quite a bit of money the company is trying to save.

Obviously, I don't want to quit over the matter so I was hoping on here someone could point me to the correct legislation that I can use to make it clearer.