How are holidays worked out when you get more than state min?

penners324

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

Undervalued

beckysheffield said:

On-the-coast said:

OK.. but there are 8 bank holidays (in England) 9 this year and next... so i'm not sure your maths adds up.
Anyway bottom line is if it's not written down anywhere, talk to your line manager or HR and ask them to tell you what you're going to get.   If it doesn't seem right to you, ask them to explain. because i don't think anyone can be specific based on what  you've told us so far.
If you're leaving before christmas you probably miss out on 2 bank holidays in any prorata calculation. 
Some companies do prorata on whole months, some on weeks, some on days....

Thanks. Actually found the policy and it outlines how many hours I get as it based on years of service 

Well that is a start but the additional days (over and above the statutory minimum) can have pretty much any terms and conditions the firm likes attached to them. Obviously they must honour any contractual agreements (and remember your "contract" is far more than a sheet of paper with the word contract on it) so you may need to look an any employee handbook, company intranet or even notices on the tea room wall!

Being part time you cannot lawfully be treated (pro rata) less favourably than a full time employee.

If you can't find anything written down, all you can do is ask them. Unless the answer seems particularly unfair you may just have to live with it.

Savvy_Sue

penners324 said:

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

Whereas we'd add leave and BHs / 12 x no. of months worked in the year ... 

baser999

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

 I’d agree. If you leave mid-year, your annual leave entitlement would be pro-rata. If you’ve taken more leave than due, it would be reclaimed in your final salary. 

As for BH, these wouldn’t be lumped in with the annual leave entitlement but dealt with separately; and you wouldn’t get any credit for ones still to occur, so if for example you left today, you’d not be due anything for the forthcoming Xmas days. Not sure why anyone would expect to get payment for any BH when they’re not employed 🤔

getmore4less

penners324 said:

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

Which is contrary to the legal position.

There are statutory calculations that need to be followed.

That approach could fall short.

General_Grant

beckysheffield said:

TELLIT01 said:

I certainly wouldn't assume that the holiday entitlement is rounded up to the next full day.  The company might even break it down to the nearest hour.

We take hourly holiday, not days, so hourly would be about right. 

If you get sat min I’m pretty sure I read they have to round up. 

The policy just says our system will calculate it….but doesn’t state how. 

The law does not allow rounding down but a part hour/day would be legal.
So if the exact calculation was, for example, 2.25 hours the employer couldn't round down to 2 but could pay exactly 2.25 or choose to pay 3 hours.

General_Grant

baser999 said:

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

 I’d agree. If you leave mid-year, your annual leave entitlement would be pro-rata. If you’ve taken more leave than due, it would be reclaimed in your final salary. 

As for BH, these wouldn’t be lumped in with the annual leave entitlement but dealt with separately; and you wouldn’t get any credit for ones still to occur, so if for example you left today, you’d not be due anything for the forthcoming Xmas days. Not sure why anyone would expect to get payment for any BH when they’re not employed 🤔

If leaving in the middle of the holiday year, the employer could have  company rules that avoided pro-rating of the extra days but the statutory entitlement (5.6 weeks) should be pro-rated and that would entail counting the BHs in that statutory number.  

For someone leaving in December before the Christmas holiday, it is not a case of being paid for BHs when they are not employed but being paid the proportion of their full statutory holiday entitlement which will have accrued up to the date of termination.  Not everyone has a holiday year running Jan to Dec: it is quite common to have an Apr to Mar holiday year (where Easter can sometimes create problems).

Savvy_Sue

Because our contract is for 33 days including BHs, and our leave year runs from 1st May, we pre-allocate leave for each of them, so you can choose 25 other days to book. BHs aren't evenly spread, so if you're only employed for part of the year, you can end up with a lower entitlement than you might have been expecting because you've 'had' to take so many BHs. 

And our leave year starts on 1st May both because that tallies with our financial year, and because as pointed out, a leave year starting on 1st April will sometimes have two Easters falling within it. 

Brie

Where I was working until recently it was a case of knowing what an individual was required to work.  So my contract said I had X days holiday plus I didn't ever work BHs so when leaving my monthly entitlement for the portion of the year was X/12.  Others in the department had to work BHs so their calculation had to take into account whether they had actually worked or not.  So (X+BH)/12.  

tightauldgit

getmore4less said:

penners324 said:

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

Which is contrary to the legal position.

There are statutory calculations that need to be followed.

That approach could fall short.

Provided you are getting more than the statutory minimum surely any approach is legal provided its consistently applied across the business?