Bank Holiday calculations - Am I being short changed.

squ1rrel5

I work a 0.6 contract and my pro rata holiday allowance is 12days + any bank holidays that I work on.
My working days are Wednesday and Thursday so obviously don't work on any of the Monday or Friday bank holidays. Depending on when Christmas falls I would usually to get to take these off but this year the days seem to fall on either Mondays or Fridays. 
So can someone let me know if all I'm allowed to take is 12 days?
Do I get any sort of allowance added on for bank holidays? 
I'm sure in another job I got days added onto my allowance in lieu of the bank holidays I didn't work? Could someone please let me know what my legal entitlement should be?

DCFC79

squ1rrel5 said:

I work a 0.6 contract and my pro rata holiday allowance is 12days + any bank holidays that I work on.
My working days are Wednesday and Thursday so obviously don't work on any of the Monday or Friday bank holidays. Depending on when Christmas falls I would usually to get to take these off but this year the days seem to fall on either Mondays or Fridays. 
So can someone let me know if all I'm allowed to take is 12 days?
Do I get any sort of allowance added on for bank holidays? 
I'm sure in another job I got days added onto my allowance in lieu of the bank holidays I didn't work? Could someone please let me know what my legal entitlement should be?

I think all your allowed as holiday is 12 hours.
Whats in your contract ?

As for the other job yes you could be right but that could just be a benefit (perk) of working there.

Barny1979

As above, what does contract say, may have been a perk of previous job. Why have you only thought to query whilst in the job, not at point of accepting. You don't work the days that are typically BHs, so why should you be paid?

NewShadow

The statutory minimum 5.6 weeks' paid annual holiday - which can include bank holidays depending on your contract - therefore you're entitled to 5.6 weeks paid holiday... also known as 11.2 days. 

You could try suggesting bank holidays be pro-rata'd, but if they're an organisation which decided these things by consultation then you might find the staff who are part time Monday and Friday object  

Thinking that - have you considered simply moving your days...?

squ1rrel5

NewShadow said:

The statutory minimum 5.6 weeks' paid annual holiday - which can include bank holidays depending on your contract - therefore you're entitled to 5.6 weeks paid holiday... also known as 11.2 days. 

You could try suggesting bank holidays be pro-rata'd, but if they're an organisation which decided these things by consultation then you might find the staff who are part time Monday and Friday object  

Thinking that - have you considered simply moving your days...?

The full time employees have 28 days (including bank holidays). If I'm entitled to 5.6 weeks holiday that would equate to 16.8 days (28 X 0.6). Where does 11.2 come?
I'm the only part-time employee in the company and the days are set due to business demand so no, can't move them!  

My hours have reduced so that's why am questioning now. I used to work on some bank holidays so it made a bit more sense just to take those off but now there isn't any that fall on my days off I just wondered how it worked. 

theoretica

squ1rrel5 said:

NewShadow said:

The statutory minimum 5.6 weeks' paid annual holiday - which can include bank holidays depending on your contract - therefore you're entitled to 5.6 weeks paid holiday... also known as 11.2 days. 

You could try suggesting bank holidays be pro-rata'd, but if they're an organisation which decided these things by consultation then you might find the staff who are part time Monday and Friday object  

Thinking that - have you considered simply moving your days...?

The full time employees have 28 days (including bank holidays). If I'm entitled to 5.6 weeks holiday that would equate to 16.8 days (28 X 0.6). Where does 11.2 come?

You say your working days are Wednesday and Thursday so the calculation assumes you work 0.6 hours but only over 2 (long) days so your holiday days are longer too.  Do you actually work Tuesday to Thursday?

NewShadow

squ1rrel5 said:

NewShadow said:

The statutory minimum 5.6 weeks' paid annual holiday - which can include bank holidays depending on your contract - therefore you're entitled to 5.6 weeks paid holiday... also known as 11.2 days. 

You could try suggesting bank holidays be pro-rata'd, but if they're an organisation which decided these things by consultation then you might find the staff who are part time Monday and Friday object  

Thinking that - have you considered simply moving your days...?

The full time employees have 28 days (including bank holidays). If I'm entitled to 5.6 weeks holiday that would equate to 16.8 days (28 X 0.6). Where does 11.2 come?
I'm the only part-time employee in the company and the days are set due to business demand so no, can't move them!  

My hours have reduced so that's why am questioning now. I used to work on some bank holidays so it made a bit more sense just to take those off but now there isn't any that fall on my days off I just wondered how it worked. 

As above... your leave can either be calculated in hours OR days - you get paid the same either way because you get paid either your daily rate or hourly rate for the time you take off. 

Maybe think about it as if your full time colleague took their whole allowance in one go - they'd have been off from 1 June and due back into work on Thursday 9 July - 5.6 weeks/28 days. 

During the SAME 5.6 weeks, you'd have worked the 3, 4, 10, 11, 17, 18, 24 & 25 of June and the 1, 2 & 8 July - 11 days...

But because it's a split week and they can't give you UNDER the statutory, they round up to 12. 

squ1rrel5

theoretica said:

squ1rrel5 said:

NewShadow said:

The statutory minimum 5.6 weeks' paid annual holiday - which can include bank holidays depending on your contract - therefore you're entitled to 5.6 weeks paid holiday... also known as 11.2 days. 

You could try suggesting bank holidays be pro-rata'd, but if they're an organisation which decided these things by consultation then you might find the staff who are part time Monday and Friday object  

Thinking that - have you considered simply moving your days...?

The full time employees have 28 days (including bank holidays). If I'm entitled to 5.6 weeks holiday that would equate to 16.8 days (28 X 0.6). Where does 11.2 come?

You say your working days are Wednesday and Thursday so the calculation assumes you work 0.6 hours but only over 2 (long) days so your holiday days are longer too.  Do you actually work Tuesday to Thursday?

Yes sorry, I thought I'd put that in the OP but just realised I didn't! Yes I work Tuesday, Wednesday and Thursday. So 3/5 of a full week.

bucksbloke

Depends on the contract of employment.  To avoid a complaint of less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, we provide part-time employees with a pro rated bank holiday entitlement.

We prorate the 8 bank holidays by the FTE (in your case 0.6) to give us the number of bank holidays due. If you work a Tue/Wed/Thur - they are just extra days to you as the only days which could potentially fall on these days are the Christmas and New Year ones. 

squ1rrel5

Thanks for your responses. I've done a few calculators online today and they all say I'm entitled to 16.8 days as a legal minimum if I work 3 full days a week. 
I'm obviously expected to use the extra days on bank holidays but as there aren't any I'm guessing that's not my problem and I get to use the days whenever? But that  could mean that on another year that I have to take 3 days out of my allowance if the Christmas bank holiday fall on my working days.
I think it's clearer in my head today! Just wanted to have something to back me up if the boss tries to say I'm only allowed the 12 days. 

LittleVoice

squ1rrel5 said:

Thanks for your responses. I've done a few calculators online today and they all say I'm entitled to 16.8 days as a legal minimum if I work 3 full days a week. 
I'm obviously expected to use the extra days on bank holidays but as there aren't any I'm guessing that's not my problem and I get to use the days whenever? But that  could mean that on another year that I have to take 3 days out of my allowance if the Christmas bank holiday fall on my working days.
I think it's clearer in my head today! Just wanted to have something to back me up if the boss tries to say I'm only allowed the 12 days. 

Particularly when none of your work days fall on a bank holiday you have more choice in your holidays than your full-time colleagues who have to give up 8 of theirs to bank holidays.

Your boss needs to sort out the written particulars of employment so that it doesn't say so many days plus bank holidays but simply says so many days including any bank holidays which fall on regular working days.  But that's their problem.