Annual leave for the year

theonlywayisup

I employ a couple of staff, full time.  I have now taken on a part timer and need to check I am calculating their annual leave correctly.

Full timers work 7.5 hours per day, 5 days a week and get 28 days per year.  They get 7.50 x 28 = 210 hours per year.  They can take hours, half days etc when they want leave. 

The part timer is working at least 2 days a week but varying hours - from 5 - 9 hours per day.  Although some weeks she would prefer to work 4 hours over 5 days in the week.

With my full timers they get their annual leave allowance 'upfront' for the year (1 Jan - 31 Dec) and it all works well.  They start with 210 hours and it decreases by whatever they take. 

How do I calculate this for my part timer?  

daveyjp

https://www.gov.uk/calculate-your-holiday-entitlement

Savvy_Sue

If her hours vary and you are paying for hours worked, you need a clause in your terms and conditions / employment contract allowing you to claw back any overpayment from her final salary. That way, if she accidentally takes more paid leave than her entitlement you can claw it back from final salary payment.  

getmore4less

The rules are they get 5.6 weeks.
A week is paid at the a rate calculated based on the previous 12 months or less if they have not worked a year.

Not everyone has caught up with the changes last year.

Many will use accrued based on worked if the pay per hour is the same using the 12.07% method.

Then just deduct as used, with variable hours the holiday pay can be variable as well.

You might be better with an annualised hours contract or monthly hours.

1st year of employment you can use accrual.

As sue say make sure you have claw back clause.

theonlywayisup

Thanks all, I know the 5.6 pro rata is what to allow, what I should have been clearer on, is how to apply it in advance. 

Seems I can't, without some form of clawback. 

I thought about 12.07% method but saw this https://www.epayme.co.uk/are-you-calculating-holiday-pay-at-12-07-if-so-you-need-to-read-this/ and decided against it.

getmore4less

Having read that  then why not follow the alternative that was used for the argument for not using 12.07%

read the full judgement
https://www.bailii.org/ew/cases/EWCA/Civ/2019/1402.html

Remember that was based on someone working 32 weeks not the statutory holiday based 46.4 weeks.

For someone that is working all year they should get 5.6 weeks off.   and you pay 5.6 weeks worth of the previous 52 weeks average, as defined by the WTR.. 

Savvy_Sue

theonlywayisup said:

Thanks all, I know the 5.6 pro rata is what to allow, what I should have been clearer on, is how to apply it in advance. 

Seems I can't, without some form of clawback. 

The clawback is IMO a sensible thing to have in any case, and you must have written t&c in any case. Please don't skimp on them - in this case they should include how holiday is calculated!