Holiday entitlement

petal2019

I need a little advice, just to check if i am right before taking this issue with my employer anywhere further.

Our holiday year is April to March. Not sure it is relevant but first part of year I was on maternity leave. ML finished end of June and I stayed home whole July (using annual leave from previous year) and started to work again in August. 

 I changed my working hours from August. Before the ML (and whilst on it) I worked 5 days a week, from August I work 2 days.

My employer says that I have 11 days annual leave.
I am counting 16-17 because
april-july i was on 5 days contract. 5x5.6 = 28 days per year. That is 2.33 per month so 9.34 days for those 4 months.

august-march 2 days
2x5.6 = 11.2 that is 0.93 per month so 7.47 per 8 months.
9.34+7.47= 16.81 (17?)

the employer refuses this and is not approachable or willing to see my point, there is no HR so I need to discuss all with my line manager or director of the company.

So before I contact Acas or CAB i wanted to make sure that I am counting it right and not them? 

Thanks

General_Grant

April to July = 4 months = 1/3 of year
August to March = 8 months = 2/3 of year

28 days / 3 = 9.333333334 days
Aug - Mar
pro rata     = 7.4666666667

total           = 16.80 to 2 dp
(though they could be exact, any rounding would have to be up)

getmore4less

The rules for holiday pay changed April  last year to average over 52 weeks.
holiday should really be on weeks pay that makes the entitlement  5.6 weeks at the rate of a weeks pay the average over the last 52 weeks

the use of days/hours/12.07% prorata  only works properly for some people and is getting challenged in court 


I can see the problem the employer can have with this  because you want to convert long weeks holiday  into more short weeks using days.

The law is 5.6 weeks not 28 days, compromise is they pay the 1/3 of the 5.2 weeks allowance at a 5 day rate for a week off and the other 2/3 at the 2day rate  that way you still get the required  5.6 weeks off 
or got tot he proper calcs of average over 52 weeks

when changing hours always a good idea to discuss the holiday situation as none of this would have happened if you had used up ALL the holiday accrued during maternity not just last holiday year before starting back on the reduced hours.