Human Error

SiliconChip

It would help if the OP could establish the number of hours worked part time vs the number of hours a full time employee works. But if the 4 days is 0.8FTE then 17 days holiday seems too little, if 1.0FTE receives 23 days then 0.8FTE should receive 18.4 days. As usual holiday allowance for part time work is best calculated in hours.

monkey-fingers

If it's pro rata on 20 days annual leave (legal minimum) then I make it 16. If they're a company that allow for a birthday, then I'd say that's about right.

Even if they give 25 days a year annual leave, she's still only entitled to 20.

Savvy_Sue

monkey-fingers said:

If it's pro rata on 20 days annual leave (legal minimum) then I make it 16. If they're a company that allow for a birthday, then I'd say that's about right.

Even if they give 25 days a year annual leave, she's still only entitled to 20.

Legal minimum is 28, including Bank Holidays. If the employer does not require staff to be there on BHs, then that's 20 days people can book freely, but they have no special status if staff are required to work them - if you want one, you have to book it. 

monkey-fingers

Savvy_Sue said:

monkey-fingers said:

If it's pro rata on 20 days annual leave (legal minimum) then I make it 16. If they're a company that allow for a birthday, then I'd say that's about right.

Even if they give 25 days a year annual leave, she's still only entitled to 20.

Legal minimum is 28, including Bank Holidays. If the employer does not require staff to be there on BHs, then that's 20 days people can book freely, but they have no special status if staff are required to work them - if you want one, you have to book it. 

I'm well aware of Bank Holidays.

I'm making an assumption from the above that this is an office worker where the office is shut on Monday. Most 4 day a week people I've met either don't work Friday or Wednesday.

Although perhaps that's where it makes up the extra 17th day - Christmas.

Ella_fella

Same thing happened to me a few years ago. Accepted the offer of employment in good faith with the stated number of annual holidays, a few weeks after starting I logged onto the electronic system the company used to book holidays and noticed my annual entitlement displayed was significantly lower than in my offer of employment.

When I queried this with HR I was also told that there had been an administration error when processing my contract and they should have included pro rata and downgraded my holiday entitlement accordingly. Human error apparently.

I then took it to with my line manager whom basically said why should I think I'm entitled to more holidays than anymore else? I said that comment was like I was being entitled, I only wanted what was in my offer of employment prior to starting. 

They then sent me a revised copy of my contract with my holidays adjusted and I then basically had the choice of accepting it, working under protest or refusing to sign it, effectively dismissing myself. 

Am afraid I had to suck it up. I don't see what other choice your friend has either if they've been there for under 2 years, their company can just reissue them with a revised contract and if they don't accept it basically they don't accept working for the business so their employment comes to an end. 

Savvy_Sue

monkey-fingers said:

Savvy_Sue said:

monkey-fingers said:

If it's pro rata on 20 days annual leave (legal minimum) then I make it 16. If they're a company that allow for a birthday, then I'd say that's about right.

Even if they give 25 days a year annual leave, she's still only entitled to 20.

Legal minimum is 28, including Bank Holidays. If the employer does not require staff to be there on BHs, then that's 20 days people can book freely, but they have no special status if staff are required to work them - if you want one, you have to book it. 

I'm well aware of Bank Holidays.

I'm making an assumption from the above that this is an office worker where the office is shut on Monday. Most 4 day a week people I've met either don't work Friday or Wednesday.

Although perhaps that's where it makes up the extra 17th day - Christmas.

Except that the OP said her friend was being forced to work 'over Christmas' which doesn't sound like an office. OP may have meant something else, who knows?

Besides, I've always found it best to start with the 28 days, work out the pro rata entitlement, then establish where the BHs fall. If on a normal working day, your choice of days to book is reduced. 

ohreallƳ

Op, further information may lead to more focused replies.

General_Grant

born_again said:

Could it be that the 17 days is due to her start date, & 23 would be a full years worth?
So guessing they started in May & holiday year is Jan to Dec.

This seems the answer.

I believe that the pro rata holiday entitlement is indeed for a full year.  Statutory holiday would be 28 for a 5-day week employee and, pro rata, would be 22.4 days and the HR person correctly rounded this up to 23 days (though they could have stuck with 22.4 but not rounded down to 22).

If someone works only part of the holiday year, they get the proportionate amount of leave.  Your friend will have worked 8 months by the end of December and 8/12 of 22.4 days is 14.9 days or 15 days rounded up.

The fact that they have suggested 17 days seems generous but this might be because they added the 2 Christmas bank holidays.  There's also the possibility that the holiday year does not run January to December and that explains the extra 2 days.

Your friend would be entitled to the 23 days in 2026.