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Holiday allowance

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Comments

  • Scotbot
    Scotbot Posts: 1,546 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 28 May 2021 at 3:27PM
    You can mix hours and days, work in one or the 

    Messed up, they have mixed days and hours incorrectly.

    You can't prorata days based on the prorata  hours unless the hours per day are the same.


    Yes that's  what I thought so as JGB1955 says it's either 20 short days or 120 hours. I have gone back and said this.
    They have confirmed pay roll calculates holidays based on hours but the legal counsel advised 90 hours was the correct figure. It isn't.We shall see what happens.

    Thanks all
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Fixed my post "you can't"

    Point out 90 hours is less than statutory minimum, even with BH added back as it is less than 5.6 weeks(your weeks of 24 hours)
    Also contrary to part time worker regulations which should give proportional to the full timers allowance at 33 days at a rate of 4/5th.


    Ask how  they going to rectify their legal obligations around paid holiday.

    Might also be worth reminding them that the holiday pay is now the average of the last 52 weeks. Handy if overtime is paid.
  • Scotbot
    Scotbot Posts: 1,546 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 3 June 2021 at 9:29AM
    They came  back and admitted the contract was wrong. It now states 20 days holiday and pro rata bank holidays.No number stated in the contract for bankholidays but email states it will be based on 4 day week.

     Standard working day for full timers is 8 hours, I am working 24 hours (3 full days) over 4 days. Someone had erroneously used 3 as the pro rata factor.  The team is split between tbe US and the UK, and HR is in the US so I can see how it happened 

    Thanks for your advice, all's well that ends well.

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    UK rules,  US HR.  
    They should be engaging with a UK HR specialist either in house or contract

    This will be one to watch as there is a lot of scope for misunderstandings.

  • epm-84
    epm-84 Posts: 2,798 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 6 June 2021 at 11:53AM
    Scotbot said:
    I have been offered a job working 4 days a week, 6 hours a day, a 24 hour week. Full time employees work  5 days a week for 8 hours a day , a 40 hour week and get 25 days holiday a year. This equals 200 hours per year. 

     My contract states the holiday allowance would be 15 days. I understand this has to be pro rata equivalent of full timers so surely it should be 20 days (4/5 x25) Or 120 hours (24/40 ×200)?  

    Says who?  Unless there's a collective union agreement in place your contract doesn't have to match that of full time workers for the same company.

    The legal minimum for a full time worker is 28 days including Bank Holidays, so for someone working 4 days a week that reduces to 22.4.

    Out of the 8 annual Bank Holidays, one always falls on a Friday, three have variable days and 4 always fall on Mondays.

    So the question is what days do you work and what happens with Bank Holidays?
  • General_Grant
    General_Grant Posts: 5,436 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    epm-84 said:
    Scotbot said:
    I have been offered a job working 4 days a week, 6 hours a day, a 24 hour week. Full time employees work  5 days a week for 8 hours a day , a 40 hour week and get 25 days holiday a year. This equals 200 hours per year. 

     My contract states the holiday allowance would be 15 days. I understand this has to be pro rata equivalent of full timers so surely it should be 20 days (4/5 x25) Or 120 hours (24/40 ×200)?  

    Says who?  Unless there's a collective union agreement in place your contract doesn't have to match that of full time workers for the same company.

    The legal minimum for a full time worker is 28 days including Bank Holidays, so for someone working 4 days a week that reduces to 22.4.

    Out of the 8 annual Bank Holidays, one always falls on a Friday, three have variable days and 4 always fall on Mondays.

    So the question is what days do you work and what happens with Bank Holidays?
    I suggest you consider the matter of treating part-time workers adversely compared with full-timers.  That's about the law, not whether there are collective agreements.
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