Pro rata Bank holiday for part timer?

Kirri1997

Mrs_Soup said:

where I where I work we also get pro rated for the bank holidays. Ie if we work 50% of full time we only “earn” 50% of each bank holiday. So if a bank holiday falls on a day we would normally work we have only earned half that day and the other half comes out of holiday allowance. Conversely bank holidays on days we don’t work get you credit for 50% of the day Because you are off already. Hence a lot of part timers don’t work Mondays as there are more bank holidays on Mondays and it leaves you with fewer days of leave to take when you choose, it’s the same amount of time off overall but more if it is dictated to you.  So if your full time colleagues get 8 days of bank holidays you would only get 80% of 8 days 

Thank you, yes of course. I understand I would only get 80% Of the bank holidays As I work 80% of a full timer.   At the moment tho, we don’t get 80% .

nicechap

Kirri1997 said:

Hi guys,

Can you please help me understand my holiday entitlement?

We are 4 employees at my work.

2 full timers working Monday-Friday 

1 part timer working Tuesday-Friday (30h)

1 part timer working Monday-Thursday(30h. Me)

Our contracts say 28 days holiday plus bank holidays. 

The full time girls are allocated 28 days holiday to use when they want throughout the year.

My part time colleague (who is off on Mondays) is allocated 23 days and I (I’m off on Fridays) only have 20 despite working the same amount of hours.

The full timers get all bank holidays off of course. 

My part time colleague normally gets 3 bank holidays per year (good Friday, Friday 1st Jan 2021 and Tuesday 27th 2021 Boxing Day )

I get about 6 bank holidays per year (all bank holiday Mondays, Tuesday 27th of December etc) 

I don’t understand why my part time colleague and I don’t have the same amount of holiday to take when we want (she has 23, I have 20)

I always thought part timers get their holiday pro rata. As me and my colleague work 80% we assumed we’d get 80% of 28 days holiday + 8 bank holidays = 36 days. 

80% of 36 = 28.8 days inc bank holidays.

Ive been told my 2021 holiday will be 26 days including bank holidays, and my part time colleague also gets 26 days inc bank holidays. 

Would really appreciate some thoughts!

I think you are entitled to 29 days leave (80% of 28 holiday and bank holiday rounded up).

as you work Mondays there are always at least 4 bank holidays which fall on a Monday and in some years 1 or 2 more depending on when Xmas, Boxing Day etc fall. Good Friday you never work.  So your discretionary (by which I mean days you choose as leave) would be the remainder of your entitlement, 29 days less BH Monday, Xmas etc so would vary by year, but would be 22 - 24 days.  As your colleague doesn't work on a Monday, her discretionary days would be more than yours by 4 days.

that said, your leave entitlement seems exceptionally generous, so you might want to triple check contract etc. for

Masomnia

Agree with NC that your entitlement should be 29 days. Deduct the bank holidays that fall on your working days and that is what you should have to choose.

I think they've maybe rounded you down, which isn't necessarily unlawful but I think under your contract you're owed the 0.8 days.

Kirri1997

nicechap said:

I think you are entitled to 29 days leave (80% of 28 holiday and bank holiday rounded up).

as you work Mondays there are always at least 4 bank holidays which fall on a Monday and in some years 1 or 2 more depending on when Xmas, Boxing Day etc fall. Good Friday you never work.  So your discretionary (by which I mean days you choose as leave) would be the remainder of your entitlement, 29 days less BH Monday, Xmas etc so would vary by year, but would be 22 - 24 days.  As your colleague doesn't work on a Monday, her discretionary days would be more than yours by 4 days.

that said, your leave entitlement seems exceptionally generous, so you might want to triple check contract etc. for

Thank you for your time. What you say makes complete sense to me. 

We do indeed have a very generous holiday allowance. They’ve always been very generous but it comes with some unofficial agreements, like taking it when convenient to the business etc. While we’re very grateful we would still like to be on the same (pro rata) as our full time colleagues. 

LittleVoice

Kirri1997 said:

nicechap said:

I think you are entitled to 29 days leave (80% of 28 holiday and bank holiday rounded up).

as you work Mondays there are always at least 4 bank holidays which fall on a Monday and in some years 1 or 2 more depending on when Xmas, Boxing Day etc fall. Good Friday you never work.  So your discretionary (by which I mean days you choose as leave) would be the remainder of your entitlement, 29 days less BH Monday, Xmas etc so would vary by year, but would be 22 - 24 days.  As your colleague doesn't work on a Monday, her discretionary days would be more than yours by 4 days.

that said, your leave entitlement seems exceptionally generous, so you might want to triple check contract etc. for

Thank you for your time. What you say makes complete sense to me. 

We do indeed have a very generous holiday allowance. They’ve always been very generous but it comes with some unofficial agreements, like taking it when convenient to the business etc. While we’re very grateful we would still like to be on the same (pro rata) as our full time colleagues. 

That's hardly "unofficial".  Show me a company where an employee can force a holiday when it is inconvenient for the employer.

Kirri1997

LittleVoice said:

That's hardly "unofficial".  Show me a company where an employee can force a holiday when it is inconvenient for the employer.

No need to sound so rude. In previous jobs I have always been Allowed to request holiday whenever I want. It could always be denied of course if not convenient but I never used to be told when to take my holiday to this extent.
I never said an employe can force their employer to give them whatever holiday they want.

Either way it works well, We have a good relationship with our manager so we don’t mean to complain. We just hope we get 80% pro rata if that is what we should have .

thebrexitunicorn

Hi Kirri. You should have the same prorated holiday entitlement as your full time colleagues.  You’re right that as a p/t employee if you work 80% of f/t hours you’re entitled to 80% of the leave.   Have you asked the employer how the figure was calculated?  It’s certainly worth speaking to them about the discrepancy. 

nicechap

Kirri1997 said:

LittleVoice said:

That's hardly "unofficial".  Show me a company where an employee can force a holiday when it is inconvenient for the employer.

No need to sound so rude. In previous jobs I have always been Allowed to request holiday whenever I want. It could always be denied of course if not convenient but I never used to be told when to take my holiday to this extent.
I never said an employe can force their employer to give them whatever holiday they want.

Either way it works well, We have a good relationship with our manager so we don’t mean to complain. We just hope we get 80% pro rata if that is what we should have .

I suspect you might be on 25 days annual leave + 8 bank holidays pro rata.  (33 x80% = 26.4 days).  So take off 4 BH Mondays, Xmas, Boxing Day &New Year, leaves you with 20 discretionary days leave. There's no law  saying everyone has to have same leave, just as a minimum everyone is entitled to 28 days a year (20 + 8 BHs is most common) pro rata.

Kirri1997

I suspect you might be on 25 days annual leave + 8 bank holidays pro rata.  (33 x80% = 26.4 days).  So take off 4 BH Mondays, Xmas, Boxing Day &New Year, leaves you with 20 discretionary days leave. There's no law  saying everyone has to have same leave, just as a minimum everyone is entitled to 28 days a year (20 + 8 BHs is most common) pro rata.

Our new contract is 28 days plus bank holidays pro rata. Not 25.

There is a law saying part timers should not be treated different the an equivalent full timer in the same role etc, only because they are part time. 

nicechap

Kirri1997 said:

I suspect you might be on 25 days annual leave + 8 bank holidays pro rata.  (33 x80% = 26.4 days).  So take off 4 BH Mondays, Xmas, Boxing Day &New Year, leaves you with 20 discretionary days leave. There's no law  saying everyone has to have same leave, just as a minimum everyone is entitled to 28 days a year (20 + 8 BHs is most common) pro rata.

Our new contract is 28 days plus bank holidays pro rata. Not 25.

There is a law saying part timers should not be treated different the an equivalent full timer in the same role etc, only because they are part time. 

Sounds like a typo.

Good luck with your legal arguments, I'll sign out now but do let us know how it all turns out.