annual leave entitlement and pro rata of bank holidays for full time worker query...

sitesafe

Hope someone can help...

Not long into a new role - job started 4 Sept 17 and the leave year started 1 Jan 17 and ends 31 Dec 17. Used a four online calculators including the Government one, which all come up with 9.1 days' entitlement based on working a 5 day week so full entitlement would be 28 days inclusive of any bank holiday entitlement. So I'm happy with the 9.1 day result which kind of tallies that I'll have been here nearly a third of a year...

However employer says this 'as your start date was 4 September this represents 85 working days until 31st December. On a pro rata basis your holiday entitlement is 6.5 days plus any statutory bank holidays falling in the period which is Xmas Day and Boxing Day. This has been calculated as 20/260 x 85=6.5 so with the bank holidays = 8.5, so you are requesting half a day too much.

What I think the employer has done is not pro rata the 8 days bank holiday - am I right in thinking that they should do this as it seems unfair for example, if someone just worked for a company for three months where no bank holidays fell they would not get paid for them, whereas if someone joined at a time of year where there were several then they would...even if both employees worked for the same amount of months... As i started part way through the holiday year I would have thought bank holidays would be on a pro rata basis. I thought regardless of if they were bank holidays or not that the 28 days should be pro ratad out?

Many thanks

chocoholic_chick

The statutory minimum entitlement for a full time worker is 28 days so your calculation is correct - they have to base the calculation on 28 days then deduct the two bank holidays for Christmas so the statutory minimum entitlement is 9.1 days and your bookable allowance would be 7.1 days.

sitesafe

chocoholic_chick wrote: »

The statutory minimum entitlement for a full time worker is 28 days so your calculation is correct - they have to base the calculation on 28 days then deduct the two bank holidays for Christmas so the statutory minimum entitlement is 9.1 days and your bookable allowance would be 7.1 days.

Thank you. I kind of thought it seemed wrong what they were saying as like you say its 28 days minimum regardless if that includes bank holidays or not.... am i right in thinking they have to round 9.1 up to 9.5 or is that a matter of choice for the employer? I know they can't round it down but wondered if it was at the employer's discretion

leslieknope

they don't have to round it up. at my workplace we're given the equivalent hours so i ended up with the odd few hours that don't add up to a full day when i first started

chocoholic_chick

Most companies would round up to the nearest half day, it may depend on how you log your holidays, some use systems where you have to do it in hours, in which case they may not round it up. The company I work for does round up to the nearest half day though.

sitesafe

leslieknope wrote: »

they don't have to round it up. at my workplace we're given the equivalent hours so i ended up with the odd few hours that don't add up to a full day when i first started

Thanks handy to know...:)

sitesafe

chocoholic_chick wrote: »

Most companies would round up to the nearest half day, it may depend on how you log your holidays, some use systems where you have to do it in hours, in which case they may not round it up. The company I work for does round up to the nearest half day though.

I can bet my company won't be rounding up! But thank you for letting me know

Comms69

Just bear in mind it's a half day and you just started there.


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