Holiday entitlement

johnnyren

Hi
     I’ve been In a small part time job for over a year now ,  I only do 9 hrs a week but I enjoy getting out the house and it supplements my pension drawdown.
The days I work are Thursday 6 hrs and Friday 3 hrs ,     Recently the company changed hands and the new boss said this year from Jan 1st I’m entitled to 11 days holiday ,      What’s bothering me a bit is that if I take a Friday off that’s classed as a day ,      Is this correct or is it all to do with hours worked ? 

    Thanks 

Marcon

johnnyren said:

Hi
     I’ve been In a small part time job for over a year now ,  I only do 9 hrs a week but I enjoy getting out the house and it supplements my pension drawdown.
The days I work are Thursday 6 hrs and Friday 3 hrs ,     Recently the company changed hands and the new boss said this year from Jan 1st I’m entitled to 11 days holiday ,      What’s bothering me a bit is that if I take a Friday off that’s classed as a day ,      Is this correct or is it all to do with hours worked ? 

    Thanks 

It's to do with the hours worked (or should be!). If you tried to take 11 Fridays off as annual leave, I suspect your employer might be tapping you on the shoulder...

johnnyren

Marcon said:

johnnyren said:

Hi
     I’ve been In a small part time job for over a year now ,  I only do 9 hrs a week but I enjoy getting out the house and it supplements my pension drawdown.
The days I work are Thursday 6 hrs and Friday 3 hrs ,     Recently the company changed hands and the new boss said this year from Jan 1st I’m entitled to 11 days holiday ,      What’s bothering me a bit is that if I take a Friday off that’s classed as a day ,      Is this correct or is it all to do with hours worked ? 

    Thanks 

It's to do with the hours worked (or should be!). If you tried to take 11 Fridays off as annual leave, I suspect your employer might be tapping you on the shoulder...

Would it not suit him if I took 11 Fridays off ?   That would be the last thing I’d want to do 

p00hsticks

It should be calculated in hours.  
The statutary minimum is 5.6 weeks, so thats 5.6 x 9 =50.4 hours. 

singhini

I never understood annual leave (i worked part-time once and my employment contract made no sense to me, something about annual leave and bank holidays being part of that leave).

Here's some info: https://www.gov.uk/holiday-entitlement-rights

What does your employment contract say about annual leave and bank holidays?

Having read the GOV link, does anyone know if in this example of 11 days annual leave, if the person could be limited to just 3 days and be forced to take the 8 bank holidays thus making 11 days in total?

p00hsticks

singhini said:

I never understood annual leave (i worked part-time once and my employment contract made no sense to me, something about annual leave and bank holidays being part of that leave).

Here's some info: https://www.gov.uk/holiday-entitlement-rights

What does your employment contract say about annual leave and bank holidays?

Having read the GOV link, does anyone know if in this example of 11 days annual leave, if the person could be limited to just 3 days and be forced to take the 8 bank holidays thus making 11 days in total?

As far as I'm aware although workers are entitled to statutory minimum holiday, they do not automatically have the right to say when they want to take it - the employer can tell them when they must take some  (or even all) of it - for example if there is a complete shut down between Christmas and New Year.

As the OP isn't contracted to work on Mondays, then most Bank Holidays won't affect them - it wouldn't be a holiday for them as it's not a day they work anyway.

However if the employer didn't want them to come in on Good Friday, for example,  then they could tell them to take it as 3 hours of their holiday entitlement . 

KP20

As others have said, in your situation it should be calculated in hours, rather than days. But more than that, you are entitled to 11.2 days as the statutory minimum, which cannot be rounded down to 11 days.

TELLIT01

The 'problem' is that of working very different hours on the 2 working days.  As others have said, part time workers tend to be told the number of hours holiday they have rather than the number of days.  In the case of the OP, who has been told they have 11 days, the cost to the empoyer would be twice as much if the OP takes Thursdays as if they took Fridays (11 x 6 hours as opposed to 11 x 3 hours).  If leave is taken based on hours, the employer would loose the employee for twice as many days if the employee took all their leave on Fridays.

I'd love to know how employer and employee worked that one out, although the employer has the final say.

saajan_12

If you were to take entire weeks at a time, then effectively you should get 5.6 weeks, ie 5.6 Thursdays and 5.6 Fridays. He's added that up as 11 days, which may work out to the same if they allow you to take enough (at least 6) Thursdays within that.

The employer is free to give more leave than the minimum - eg 11 x Thursdays. They can also restrict the way you can take leave to say a total of 11 days which necessitates some Thurs, some Fri. They might not want you gone for 17x Fridays even though its the same number of hours for example. 

General_Grant

johnnyren said:

Hi
     I’ve been In a small part time job for over a year now ,  I only do 9 hrs a week but I enjoy getting out the house and it supplements my pension drawdown.
The days I work are Thursday 6 hrs and Friday 3 hrs ,     Recently the company changed hands and the new boss said this year from Jan 1st I’m entitled to 11 days holiday ,      What’s bothering me a bit is that if I take a Friday off that’s classed as a day ,      Is this correct or is it all to do with hours worked ? 

    Thanks 

Do you get a break on Thursdays?  If your shift is exactly 6 hours you aren't entitled to one by statute.

As mentioned above, your entitlement should be calculated in hours.  If you don't get a break on Thursdays or it is a paid break then the hours used are 9 per week.

pinkshoes

johnnyren said:

Hi
     I’ve been In a small part time job for over a year now ,  I only do 9 hrs a week but I enjoy getting out the house and it supplements my pension drawdown.
The days I work are Thursday 6 hrs and Friday 3 hrs ,     Recently the company changed hands and the new boss said this year from Jan 1st I’m entitled to 11 days holiday ,      What’s bothering me a bit is that if I take a Friday off that’s classed as a day ,      Is this correct or is it all to do with hours worked ? 

    Thanks 

Employers often get holiday entitlement wrong.

The national minimum is 20 days plus 8 bank holidays (5.6 weeks), assuming a 37.5 working hour week.

So 28 days holiday x 7.5 hours = 210 hours.

You work 9/37.5 hours so 24% of a working week, so you should get 24% of 210 hours which is 50.4 hours.

If you take a Thursday off, then 6 hours are deducted, and 3 hours if you work a Friday. If the company do not work bank holidays, then if it's a bank holiday Friday you'd have to deduct 3 hours holiday.


4.5 hours x 11 days = 49.5 hours (so near enough your 50.4 hour entitlement) so I think they've tried to do it based on you working an average 4.5 hours a day and taking BOTH Thursday and Friday off if you have a day off.