Part time bank holiday entitlement

Guest101

glentoran99 wrote: »

no it doesn't specify

From the OPs words: and my contract states I get 16 days plus bank holidays


Doesn't say pro rata (well it might do, but I can only comment on the evidence the OP provides), which is 16 days annual leave + bank holidays, of which there are 8.


Been in the same boat myself, general manager was thick as pig.... and I pointed the contract out, they of course obliged the extra time. (had been there over 2 years)

Giggidy

I will have to check my contract again to see the exact wording. I just realised as well that Good Friday falls on 25th March this year so in our holiday calendar that's 4 bank holidays on a Friday

Undervalued

What they can't do is give you less than the pro rata equivalent of 28 days holiday per year regardless of their internal rules.

What they can do is to tell you when you have to take some or all of your holiday so they can force you not to work on Bank Holidays and count that as part of your entitlement.

I have once seen a large organisation with a very badly worded part time contract. That said X days per year plus bank holidays if they fall on days normally worked! That was a nonsense as some part time staff who didn't work on Mondays or Fridays were not getting the legal minimum. However, some other staff who only worked Mon & Fri were getting well over the odds! In the end they had change the system so that everybody got at least the legal minimum but they couldn't reduce the entitlement of the existing M & F only people.

sangie595

One small point that I can't see anyone has mentioned. If you have been paid full pay for public holidays that fall on any day except Friday (your non-working day), you owe your employer money back! You are entitled to 4/5ths of the leave allowance of a full time worker - but that is 4/5ths of every public holiday. So yes, you should have a credit for Fridays; but you should also have a debit for any other day of the week. If the employer hasn't been doing this debit, you can expect them to notice it as soon as you raise the issue of Fridays. Just so you are forewarned - if they haven't been deducting 1/5th time from the other days, it may come as a shock to you when they point it out.

glentoran99

sangie595 wrote: »

One small point that I can't see anyone has mentioned. If you have been paid full pay for public holidays that fall on any day except Friday (your non-working day), you owe your employer money back! You are entitled to 4/5ths of the leave allowance of a full time worker - but that is 4/5ths of every public holiday. So yes, you should have a credit for Fridays; but you should also have a debit for any other day of the week. If the employer hasn't been doing this debit, you can expect them to notice it as soon as you raise the issue of Fridays. Just so you are forewarned - if they haven't been deducting 1/5th time from the other days, it may come as a shock to you when they point it out.

that's nonsense, its over the year not per holiday

sangie595

glentoran99 wrote: »

that's nonsense, its over the year not per holiday

No it isn't nonsense. If the OP has worked Monday - Thursday and been paid exactly the same wage as a week without bank holidays, they have been overpaid for the bank holiday! However the employer calculates holiday, they are entitled to 4/5ths of the full time holiday, whether annually, or monthly, or weekly, or daily, or hourly! If you work every Monday, but only part-time weekly, then you are entitled to a reduced amount of that public holiday in proportion to your part-time hours - just as if you don't work on a Friday you are entitled to a proportion of that days holiday even though it isn't a working day. However the employer works out leave, that is the basis of all calculations - you are only entitled to a proportion if you are part-time. So if the OP has been paid in full for Mondays, as if a full-time employee, then they either owe hours or pay back to the employer.

glentoran99

sangie595 wrote: »

No it isn't nonsense. If the OP has worked Monday - Thursday and been paid exactly the same wage as a week without bank holidays, they have been overpaid for the bank holiday! However the employer calculates holiday, they are entitled to 4/5ths of the full time holiday, whether annually, or monthly, or weekly, or daily, or hourly! If you work every Monday, but only part-time weekly, then you are entitled to a reduced amount of that public holiday in proportion to your part-time hours - just as if you don't work on a Friday you are entitled to a proportion of that days holiday even though it isn't a working day. However the employer works out leave, that is the basis of all calculations - you are only entitled to a proportion if you are part-time. So if the OP has been paid in full for Mondays, as if a full-time employee, then they either owe hours or pay back to the employer.

I say again that's nonsense, that bank holiday entitlement it worked out over the year not on a weekly basis.


If there works out a debit over the year then yes you could be right, but not the way you are suggesting

Guest101

sangie595 wrote: »

No it isn't nonsense. If the OP has worked Monday - Thursday and been paid exactly the same wage as a week without bank holidays, they have been overpaid for the bank holiday! - In what way? They are entitled to bank holidays, they just take it as time in lieu. However the employer calculates holiday, they are entitled to 4/5ths of the full time holiday, whether annually, or monthly, or weekly, or daily, or hourly! - true, but the entitlement is over the year, it could be that the employee leaves early and therefore owes holiday, but that's common in a lot of jobs. If you work every Monday, but only part-time weekly, then you are entitled to a reduced amount of that public holiday in proportion to your part-time hours - That depends on what the contract says. just as if you don't work on a Friday you are entitled to a proportion of that days holiday even though it isn't a working day. However the employer works out leave, that is the basis of all calculations - you are only entitled to a proportion if you are part-time. - Depends on the contract. So if the OP has been paid in full for Mondays, as if a full-time employee, then they either owe hours or pay back to the employer.

I'm amazed you can read the contract from where you are......

Suarez

sangie595 wrote: »

One small point that I can't see anyone has mentioned. If you have been paid full pay for public holidays that fall on any day except Friday (your non-working day), you owe your employer money back! You are entitled to 4/5ths of the leave allowance of a full time worker - but that is 4/5ths of every public holiday. So yes, you should have a credit for Fridays; but you should also have a debit for any other day of the week. If the employer hasn't been doing this debit, you can expect them to notice it as soon as you raise the issue of Fridays. Just so you are forewarned - if they haven't been deducting 1/5th time from the other days, it may come as a shock to you when they point it out.

Sorry that's all incorrect. They would be entitled to 6.4 days for Bank holidays so unless more then 6 bank holidays fall between Mon-Thurs (Which they don't) they wouldn't owe anything.

getmore4less

The op was clear on the main holiday 16 which is 4/5 of 20 the issue is around the BH contract does not specify prorata which would be 6.4 but that would cover easily all those they have taken.

Outstanding are the rest for statutory minimum or full BH depending on employers attitude.

Once identified a sensible employer would fix the contract/holiday policies and be flexible on current entitlement.