Holiday Entitlement Calculation (PART TIME)

jon1701

Hi 
I just wanted some advice if possible. 
My wife works part time 30 hrs a week. She works 6 hrs a 5 days a week. A full time position would be 40 hrs - 8 hrs a day 5 days a week. 
Her employers holiday entitlement is 28 days hols a year pro rata (this does not include bank holidays).
They have calculated her holiday entitlement as 21 days holiday.
At 30 hrs per week (0.75 of a full time employee) x 5.6 = 168 hours
168 hrs X 8 hours a day = 21 days.
I am trying to point out that she only works 6 hrs a day but they are telling her it is correct. 
Her payroll have already checked once and said this is correct. I have told her to email again explaining everything. The 21 days is correct to a point if she worked 8 hrs a day but she only works 6 hrs. 
Could someone confirm I am correct?
She started in May 2019 and last year they calculated her days at 26.5 which I assumed was correct because of the late start date (holiday year runs April to March)
Thank you 

Dox

If you go to https://www.gov.uk/calculate-your-holiday-entitlement and use that, the employer's calculation is correct - but in practice it would only be 'correct' if your wife is paid on an hourly basis (i.e. her holiday pay would be 168 hours x £hourly rate).

JGB1955

A full time employee would be entitled to 224 hours holiday (28 x 8 hour days), your wife is entitled to 168 hours - (28 x 6 hour day).  She should take her holiday in hours rather than days. If the employer is saying she should take 21 x 6 hours, then she will be short changed by 42 hours.  They are effectively saying her entitlement is 75% of 75% - which is obviously wrong.

jon1701

JGB1955 said:

A full time employee would be entitled to 224 hours holiday (28 x 8 hour days), your wife is entitled to 168 hours - (28 x 6 hour day).  She should take her holiday in hours rather than days. If the employer is saying she should take 21 x 6 hours, then she will be short changed by 42 hours.  They are effectively saying her entitlement is 75% of 75% - which is obviously wrong.

Thank you. 
Its really frustrating because we put all this information into the original email to payroll and they just came back with - no because you work 0.75 of full time you get a 0.75 allowance.
Its the 6 hours a day bit they are missing.
They are a High Street company as well so you would think they would know. I assume they don't have too many people working 30 hours over 5 days. 
 

getmore4less

Statutory holiday is 5.6 weeks she works 5 days a week that's 28 days
That's the law it's in weeks not days. 

If they do it hours they have to stick with hours.
(You don't convert 6hr days to 8hr days) .

Days you stick with days. 

Etc. 

As 5 days is the same no. of days as  full-time should get the same holiday and BH allowance(in days) just at the reduce hours. 

jon1701

getmore4less said:

Statutory holiday is 5.6 weeks she works 5 days a week that's 28 days
That's the law it's in weeks not days. 

If they do it hours they have to stick with hours.
(You don't convert 6hr days to 8hr days) .

Days you stick with days. 

Etc. 

As 5 days is the same no. of days as  full-time should get the same holiday and BH allowance(in days) just at the reduce hours. 

Thank you 
At the moment its in days. Its obviously wrong.
Bank Holidays are (frustratingly) included in the 28 days but it seems the law says you can do that. 

Just trying to draft another email to point all this out. 

jon1701

Dox said:

If you go to https://www.gov.uk/calculate-your-holiday-entitlement and use that, the employer's calculation is correct - but in practice it would only be 'correct' if your wife is paid on an hourly basis (i.e. her holiday pay would be 168 hours x £hourly rate).

Would there be other way to pay her?
Its a high street company. 
I don't want them to try and wiggle out of this. 

getmore4less

Union should sort that out they are probably doing everyone part time. 

Law is 5.6 weeks, BH  have never been a statutory entitlement. 

Works 5 days, 5.6 weeks is 28 days. 

Name and shame.

jon1701

getmore4less said:

Union should sort that out they are probably doing everyone part time. 

Law is 5.6 weeks, BH  have never been a statutory entitlement. 

Works 5 days, 5.6 weeks is 28 days. 

Name and shame.

I'm going to give them the opportunity to sort it out because I am hoping this is human error.

We will see.