Holiday Entitlement Help Please!

theoretica

Undervalued wrote: »

I agree as far as the statutory element of the holiday is concerned. However the OP gets 5 days over and above the statutory minimum. As I said earlier, different rules could apply to that part and only the employer can answer that.

An employer can have their own rules for holiday above the statutory minimum, but I believe these are not allowed to treat part time staff less favourably than full time.

Undervalued

theoretica wrote: »

An employer can have their own rules for holiday above the statutory minimum, but I believe these are not allowed to treat part time staff less favourably than full time.

Correct, but I don't see anything in the OP to suggest that they are.

unforeseen

p00hsticks wrote: »

You legally have to have a break if you work longer than six hours but as far as I'm aware there's no problem with you working (and getting paid) for six hours with no break.

If the break is made available and you decide to work during it then it is your choice and the employer does not have to pay

Not forgetting that there is no requirement to give a break for Monday, Wednesday & Friday as they are only 6 hours. Legislation states more than 6 hours for break

p00hsticks

Undervalued wrote: »

However the OP gets 5 days over and above the statutory minimum.

Where have they said that ?

They have stated (post #6) that they are getting 21.5 'days' holiday plus three mandatory bank holidays - they are expected to work the others.

Without a clear definition of what the employer is considering as a 'day' for the employee, when they work different hours each day, it's impossible to say whether the entitlement being suggested is below, at, or above the statutory minimum of 28 days (including bank holidays)

System

p00hsticks wrote: »

Where have they said that ?

First post:

Last year I received my 25 days plus bank holidays

Back to original question:

My understanding is that if you work five days a week you are entitled to the statutory minimum of 28 days a year. Whether these are full days or not does not apply.

Yes actually it does. If you only work 4hrs a day 5 days a week you're only entitled to 112hrs of holiday paid over 28 days holiday at 4hrs per day. You're not entitled to 28 days paid at 8hrs if 8hrs is a normal full time working day. Those 28 days can be INCLUSIVE of bank holidays as there is no legal right to paid leave on a bank holiday in the UK.

I also think that if you work irregular hours it can be best to work out holiday entitlement on an hourly basis, so 34 x 5.6 which equals 190 hours.

But that is for calculating the statutory minimum of 28 days INCLUDING bank holiday, not 25 days EXCLUDING bank holidays. So you would have to divide that 190 hours by 33 days, not 25 to give how much you should be getting per day INCLUDING bank holiday days off. However they're not required to include that one Saturday per month because they pay you above the statutory minimum more than sufficiently enough to cover it.....

I have advised my employer of the latter and he has informed me that they do not calculate holiday entitlement on an hourly basis for permanent staff.

The following advice from the government disagrees with you.

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

Working hours: Fixed hours and fixed pay (part time or full time)

Pay: A week’s holiday pay equals how much a worker gets for a week’s work

As you'll see from the link above if you were working shifts or you were working variable hours which were different every week then you could calculate it differently however as you'll see from that website they don't have to do it on a per hour basis but instead can use the 12 week average rule. Some companies where employees are on variable hours choose to do it on a per hour basis but there is no requirement in law for them to do so. As you get paid sufficiently more than the statutory minimum holiday pay to cover that one Saturday a month there is no requirement for your employer to include it in the calculation so they're doing nothing wrong.

You could of course fight it and they could turn around and say they'll calculate it using the calculator on the government website but that will result in you getting LESS holiday pay overall a year, not more.

agrinnall

As suggested by tacpot annualised hours is the best way to work out non-standard leave entitlement, particularly when the hours worked per day are irregular, so if you can persuade your employer to do that you should end up at a figure you both agree with.

General_Grant

Not sure if it will be found in any of the links above, but maximum statutory entitlement is for working five days a week. You don't get extra for working six days a week.

dawyldthing

Even if you work the statory holidays you get them off at another point.

Add up your hours over the average week and put them in here

https://www.gov.uk/calculate-your-holiday-entitlement

System

General_Grant wrote: »

Not sure if it will be found in any of the links above, but maximum statutory entitlement is for working five days a week. You don't get extra for working six days a week.

Yeah actually you do following rulings by the EAT and the ECJ. As far as statutory minumum holiday pay is concerned overtime has to be included when calculating holiday pay as does any commission you get paid as well.

General_Grant

Tarambor wrote: »

Yeah actually you do following rulings by the EAT and the ECJ. As far as statutory minumum holiday pay is concerned overtime has to be included when calculating holiday pay as does any commission you get paid as well.

Pay but not time.