Full time not working Monday Holiday Entitlement

MartinTheMenace

Hello everyone - I have trawled through the forums and information online and pieced together what I believe is legally true - however I'm trying to get a definitive clear answer.

My girlfriend is a hairdresser and works for a small firm where I believe her holiday entitlement is being calculated incorrectly.

The salon is shut Sunday and Monday - which (from my understanding) means she's classed as a part time worker. She works 37.5 hours a week. When there is a bank holiday Monday she is therefore not being paid - and therefore the day should not be deducted from her legal right of 28 days leave/year.

Being a small business is there anything (a link online or similar) I can provide to help the owners understand legally her entitlement? Assuming I'm correct I believe for FY18 she should receive 28 - 3 bank holidays which are on days she would normally be working. Making a total of 25.

Thanks so much for the help,
Martin

Comms69

She's not 'part time' in my definition. A nurse might work 4 shifts a week, but the total hours would be FT equivalent.


She is entitled to 5.6 weeks holiday, how that is split is down to her employer.


to keep it simple she is entitled to 37.5 * 5.6 hours of paid leave per year.

gettingtheresometime

Think of it as her Sunday & Monday being an office worker's Saturday & Sunday

lincroft1710

There are 4 "Bank Holiday" Mondays, Easter, "May Day", Late Spring and August.

MartinTheMenace

Thanks very much for the replies and help, so is my calculation correct that because Monday is not paid leave - they should not be deducted (therefore receiving 25 days in FY18)

mac.d

From the Gov.uk website:

Bank holidays
Bank or public holidays do not have to be given as paid leave. An employer can choose to include bank holidays as part of a worker’s statutory annual leave."

So it sounds like they can include bank holidays as part of her entitlement, and therefore deduct them from her 28 days A/L. However, since it is a day the salon is closed, I would think they should be giving her those days off at another time? I think they can specify when, but she should still be getting it as an actual day off.

Don't think that's much help to you though, hopefully someone who actually knows what is right legally will be along to clear it up for you.

gettingtheresometime

I assume that she's working 5 days with her working week being from Tuesday to Saturday.


Therefore she's entitled to 5.6 weeks holidays which can include BH


If she works less than 5 days per week, and it can be any 5 days not just the typical Monday to Friday, then her entitlement would be less.

touch*my*food*feel*myfork

The salon i use are also shut on Mondays, but they always shut on a Tuesday too when it follows a bank holiday - I am assuming this is to enable the staff to have the quota of holidays entitled.
Maybe something for the salon to consider ?

MartinTheMenace

Thanks so far for the help. She works 5 days a week, Tuesday to Saturday. The "can include BH" would mean then, that if her employer says all the Bank Holidays come off her leave she should be expect to be paid for those Mondays. For the weeks that a bank holiday lies, and she has worked 5 days - I would expect her to receive 6 days pay (one additional for the bank holiday Monday), is that correct?

MartinTheMenace

Yes good point "touch*my*f" - to clarify on this, her salon does not shut for an extra day when there is a bank holiday!

Takeaway_Addict

You mentioned 25 days, is this 25 plus the other bank holidays that don't land on a Monday or 25 total?