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Another holiday entitlement question, but awkward calculation

Hoping someone can help work out holiday entitlement please.



* Holiday year is January 1st - December 31st
* Started work 20th February
* Normal working week is 9am - 5pm, with thirty minutes unpaid lunch break. There is regular overtime, usually not notified beforehand, but unavoidable since he is away from his regular workplace, working in client's premises. The overtime can be from thirty minutes to a few hours added onto the shift, and can occur upto three times a week. He is not expecting additional holiday for overtime hours, as he is paid at his usual rate (a few pence above minimum wage).

* During a quiet time, his working hours were reduced to part time for four weeks - approximately half of his usual hours. He wasn't given any notice of this, but didn't make a fuss as he had only been there about four months.
* He doesn't work bank holidays. He is aware that this is taken off his holiday entitlement.
* Occasional overtime on Saturdays has been paid at his normal rate. He is not expecting any extra holidays due to additional hours worked.
* He has asked for the exact amount of holiday days left, having used four booked days, plus the regular bank holidays since February. He is aware that he needs to save Christmas Day and Boxing Day from his allowance. He is still waiting for an answer, but has been told it is probably around sixteen days, plus bank holidays.



The government calculator is down for maintenance at the moment, but I'm not sure how it would cope with the for weeks of part time anyway. If anyone can help, I'd be very grateful.


Thank you.

Comments

  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What does his contract say about holiday entitlement?

    The statutory entitlement is 5.6 weeks based on your normal working hours , so I would disregard the part time weeks unless his employers explicitly say that they think that should reduce his holiday entitlement. (If they think it should make a difference, I don't think it would be more than one day in total)

    So - if he started on 20th feb which is 7.5 weeks into the year, his entitlement for the rest of the year would be just under 24 days (23.96 - I would expect that to be rounded up to 24 but they could get picky about it!)

    So if he has to allow for 7 bank holidays (New year's Day having been before he started work) and has taken 4 days, and he needs to save 2 for christmas, then he has used or has to save 13 , so would have 10.96 days left.

    16 days is what he would have left if he had started at the start of the year - 28 less 8 bank holidays and 4 days already taken. (but not taking into account having to save for Christmas)

    All assuming he has the statutory minimum.

    If they do think he should lose a bit for the part time weeks then he may only have 9 or 10.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Does the contract allow for lay off?
  • Thanks TBagpuss, we knew that 16 days seemed too many, and was likely to be the amount if he had been there from the beginning of the year. His contract states 28 days per holiday year, to include bank holidays. Thanks for working it our for us.


    Getmoreforless - what is layoff? Is it when he went down to part time? If it is, it isn't mentioned in his contract. I know that as a minimum, he should have had some notice, but he didn't want to rock the boat having onluy recently started there.
  • Spendless
    Spendless Posts: 24,441 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    TBagpuss wrote: »
    What does his contract say about holiday entitlement?

    The statutory entitlement is 5.6 weeks based on your normal working hours , so I would disregard the part time weeks unless his employers explicitly say that they think that should reduce his holiday entitlement. (If they think it should make a difference, I don't think it would be more than one day in total)

    So - if he started on 20th feb which is 7.5 weeks into the year, his entitlement for the rest of the year would be just under 24 days (23.96 - I would expect that to be rounded up to 24 but they could get picky about it!)

    So if he has to allow for 7 bank holidays (New year's Day having been before he started work) and has taken 4 days, and he needs to save 2 for christmas, then he has used or has to save 13 , so would have 10.96 days left.

    16 days is what he would have left if he had started at the start of the year - 28 less 8 bank holidays and 4 days already taken. (but not taking into account having to save for Christmas)

    All assuming he has the statutory minimum.

    If they do think he should lose a bit for the part time weeks then he may only have 9 or 10.
    Haven't you taken off the Christmas and Boxing day hols twice? You've mentioned 7 days being taken off for this years allowance due to Bank Hols (2 xEaster, 2 in May, Aug, then Xmas day and boxing day) but the OP refers to knowing that of what is left 2 will need to come off for 25/26 December which have already been included in the 7. I've not taken it to mean he needs to save 2 hols in addition to the bank hols in December.
    Hoping someone can help work out holiday entitlement please.



    * Holiday year is January 1st - December 31st
    * Started work 20th February
    * Normal working week is 9am - 5pm, with thirty minutes unpaid lunch break. There is regular overtime, usually not notified beforehand, but unavoidable since he is away from his regular workplace, working in client's premises. The overtime can be from thirty minutes to a few hours added onto the shift, and can occur upto three times a week. He is not expecting additional holiday for overtime hours, as he is paid at his usual rate (a few pence above minimum wage).

    * During a quiet time, his working hours were reduced to part time for four weeks - approximately half of his usual hours. He wasn't given any notice of this, but didn't make a fuss as he had only been there about four months.
    * He doesn't work bank holidays. He is aware that this is taken off his holiday entitlement.
    * Occasional overtime on Saturdays has been paid at his normal rate. He is not expecting any extra holidays due to additional hours worked.
    * He has asked for the exact amount of holiday days left, having used four booked days, plus the regular bank holidays since February. He is aware that he needs to save Christmas Day and Boxing Day from his allowance. He is still waiting for an answer, but has been told it is probably around sixteen days, plus bank holidays.



    The government calculator is down for maintenance at the moment, but I'm not sure how it would cope with the for weeks of part time anyway. If anyone can help, I'd be very grateful.


    Thank you.
    If I'm correct, then wouldn't it mean he has around 12 days left to take?
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