Should I be getting my full holiday entitlement as I do not work on Bank Holidays?

Undervalued

crazysunshine54 wrote: »

As mentioned, I work 32 hours a week, so 12.07% of that would be 3.8624 which I'm assuming should be rounded up to 4 hours of holiday gained per week. Or am I incorrect?

No, it does not have to be rounded up on a weekly basis!

As has been said above, if you work regular hours each week then you can look at it as 5.6 of your normal weeks.

crazysunshine54

Guest101 wrote: »

Are you contracted to work 32 hours, or are you working 4 days 9-5 (or 10-6 or whatever) with an unpaid break?


That aside there is no difference between bank holidays or any other days. You are entitled to 5.6 weeks holiday per year, and you employer can tell you when to take these.

I'm contracted to do 32 hours per week over 5 days, working differing hours (i.e. 4 hours, 6 hours, 7 hours x 2, 8 hours)

5.6 x 32 = 179.2 hours that I should be entitled to, but I'm currently only getting 128. I fully understand that the employer can tell me when to take these as holiday but as I don't tend to work on Bank Holidays (as they're usually a Monday, and I don't work on Mondays), so surely I should still have the full 179.2.

crazysunshine54

Undervalued wrote: »

No, it does not have to be rounded up on a weekly basis!

Well, if that's the case... 3.8624 hours of holiday earned per week x 52 weeks of the year = 200.8448 hours of holiday entitlement...

Xbigman

Hang on. This thread is confusing.

I work three days per week and never on a Monday. The rule where I work (which I thought was law) is that a rest day (non working day) and a bank holiday cannot be on the same day. Therefore although I get every BH Monday off I accrue a lieu day but I am not paid for the Monday itself.

In the OP's case we are talking about paid holiday and not about days off. If the OP's employer is paying them a days pay every BH then they are right. If the employer is not paying for BH's but counting them as paid holiday, then the employer is in the wrong.



Darren

crazysunshine54

Xbigman wrote: »

Hang on. This thread is confusing.

I work three days per week and never on a Monday. The rule where I work (which I thought was law) is that a rest day (non working day) and a bank holiday cannot be on the same day. Therefore although I get every BH Monday off I accrue a lieu day but I am not paid for the Monday itself.

In the OP's case we are talking about paid holiday and not about days off. If the OP's employer is paying them a days pay every BH then they are right. If the employer is not paying for BH's but counting them as paid holiday, then the employer is in the wrong.



Darren

I can confirm that my employer isn't paying me for the Bank Holidays... in the months where there has been a Bank Holiday I've only be paid for my 32 hours per week, and nothing extra.

Xbigman

Just to double check. On a bank holiday week you work 32 hours and get paid 32 hours?
In that case you employer is wrong. They are simply counting Monday as a holiday and not paying it.

Disclaimer - I'm not a lawyer but I'm pretty sure I'm right.



Darren

crazysunshine54

Xbigman wrote: »

Just to double check. On a bank holiday week you work 32 hours and get paid 32 hours?
In that case you employer is wrong. They are simply counting Monday as a holiday and not paying it.

Disclaimer - I'm not a lawyer but I'm pretty sure I'm right.



Darren

That's correct - I'm just paid for the usual 32 hours, and I seem to get fewer than the statutory holiday entitlement.

My employer's claiming that the 128 hours allocated at the moment by them is correct, and they also stated I'm receiving more than the minimum recommended by the government... which seems completely wrong.

Savvy_Sue

How long have you been there?

Are other people similarly affected?

Are you in a union?

If you haven't been there 2 years, I'd recommend raising this carefully, as you don't have any employment protection. Having said that, if the employer is short-changing everyone, then a group grievance might be the best way to go. Better yet if you can get a union doing it for you.

agrinnall

Forget about what days you work and how many hours on each, in your situation holiday allowance needs to be calculated in hours. You work 32 hours per week, is it correct that a full working week would be 40 hours? If so then the statutory allowance is 5.6 weeks * 40 hours per week * 0.8 (your full time equivalent).

5.6 * 40 * 0.8 = 179.2 hours (or 179 hours 12 minutes)

As I explained in post #8 51.2 of those hours have been allocated by your employer to the bank holidays, leaving 128 hours for you to take across the year.

I believe your employer's calculation and methodology is correct.

crazysunshine54

agrinnall wrote: »

Forget about what days you work and how many hours on each, in your situation holiday allowance needs to be calculated in hours. You work 32 hours per week, is it correct that a full working week would be 40 hours? If so then the statutory allowance is 5.6 weeks * 40 hours per week * 0.8 (your full time equivalent).

5.6 * 40 * 0.8 = 179.2 hours (or 179 hours 12 minutes)

As I explained in post #8 51.2 of those hours have been allocated by your employer to the bank holidays, leaving 128 hours for you to take across the year.

I believe your employer's calculation and methodology is correct.

So the 51.2 hours are just completely deducted for me then? I'm not being paid those hours, nor am I getting those hours off.