Holiday entitlement rights after TUPE

rol0

Hi 
My company was taken over under TUPE in October and my contract states 32 days (including bank holidays) holidays per year pro Rata. I only work 2 mornings a week 8 hours in total. They have changed it to 44.8 hours a year which I think is wrong. Any advice or someone to work it out for me please. 
Thanks

JGB1955

How many hours does a full-time employee work each week?  

On the face of it, the entitlement is 6.4 weeks holiday per annum - so your entitlement would be 51.2 hours.....( I think!)

rol0

8 hours a day for full time 

Andy_L

rol0 said:

Hi 
My company was taken over under TUPE in October and my contract states 32 days (including bank holidays) holidays per year pro Rata. I only work 2 mornings a week 8 hours in total. They have changed it to 44.8 hours a year which I think is wrong. Any advice or someone to work it out for me please. 
Thanks

Assuming that the mornings you work are 1/2 a working day you should be getting:

1/5th of full-time holidays so 6.4 days/year so 51.2 hours. ie I agree with JGB1955

if you're working a bit less than 1/2 a day that would explain it. 

rol0

I work 4 hour shifts 2 days a week

NCC1701-A

It looks like they've used 28 days annual leave to get to 44.8 hours rather than 32 days which would make 51.2 hours.  

But just for clarity sake, do people who work 8 hrs have unpaid lunch break (so get paid less than 8 hrs for s full day)?

Andy_L

rol0 said:

I work 4 hour shifts 2 days a week

rol0 said:

8 hours a day for full time 

 you should get 51.2 hrs leave/year

Andy_L

The difference in hours is suspiciously the same as the number of days you should get (6.4)

Is there a day you must take off (eg Xmas) and they've taken that 1 day off your allowance so you don't book more than you can but have cocked up & deducted number of days instead of number of hours?

ETA or you've already taken a day off before they changed to hourly calculations & its the same mistake

Andy_L

NCC1701-A said:

It looks like they've used 28 days annual leave to get to 44.8 hours rather than 32 days which would make 51.2 hours.  

But just for clarity sake, do people who work 8 hrs have unpaid lunch break (so get paid less than 8 hrs for s full day)?

I think we have a winner.

So they've calculated it using the (legal minimum) allowance of 28 days rather than your TUPE'd entitlement of 32 days

Could be deliberate, but I would back it being a !!!!!!-up over a conspiracy to rip you off

rol0

Andy_L said:

The difference in hours is suspiciously the same as the number of days you should get (6.4)

Is there a day you must take off (eg Xmas) and they've taken that 1 day off your allowance so you don't book more than you can but have cocked up & deducted number of days instead of number of hours?

ETA or you've already taken a day off before they changed to hourly calculations & its the same mistake

I only work Fri/Saturday mornings so no bank holidays for me this year.

NCC1701-A

rol0 said:

Andy_L said:

The difference in hours is suspiciously the same as the number of days you should get (6.4)

Is there a day you must take off (eg Xmas) and they've taken that 1 day off your allowance so you don't book more than you can but have cocked up & deducted number of days instead of number of hours?

ETA or you've already taken a day off before they changed to hourly calculations & its the same mistake

I only work Fri/Saturday mornings so no bank holidays for me this year.

I'm pretty sure March 29 was a Friday and a bank holiday.