Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder confused457 Novitiate

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    Default Dispute over holiday allocation

    I am currently in dispute with my employer over my holidayicon allocation. I work 4 days per week and work the same hours every day. Am i right in thinking that i am simply entitled to 80% of a full time employee's holiday allocation?

    Thanks


  2. #2
    Basic Account Holder farmlama Novitiate

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    Default Re: Dispute over holiday allocation

    you will be entitled to 5.6 weeks holidayicon a year, so 22.4 days a year


  3. #3
    Basic Account Holder confused457 Novitiate

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    Default Re: Dispute over holiday allocation

    Thanks, that's the figure I get as well. I do only work 5 hours a day on those 4 days, but this doesn't make any difference, does it?


  4. #4
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    Default Re: Dispute over holiday allocation

    No, it doesn't make any difference.
    If your Company only gives it's employees the statutory minimum holidayicon entitlement; yours would be 22.4 days (which would usually be rounded up to 23) @ 5 hours pay per day taken.


  5. #5
    Basic Account Holder confused457 Novitiate

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    Default Re: Dispute over holiday allocation

    I am lucky enough to get 28 days plus statutory days. I think I calculated my entitlement to be 28/29days (Inc stats) HR have allocated me 19.5 days (Inc stats) They say they use the same formula for all p/t workers. I'm not sure what to do next.


  6. #6
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    Default Re: Dispute over holiday allocation

    Does your contract say something along the lines of;

    Annual holidayicon entitlement - 28 days
    Bank/Public holidays will be in addition to this entitlement
    Part-time workers entitlement will be pro-rata.


  7. #7
    Basic Account Holder confused457 Novitiate

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    Default Re: Dispute over holiday allocation

    It says
    Paid stautory 8 days
    Paid annual holidayicon 28 days
    For p/t staff, all holiday entitlement is calculated pro-rat dependent on your basic working hours.


  8. #8
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    Default Re: Dispute over holiday allocation

    In that case your entitlement should comprise

    22.4 days annual holidayicon (pro-rata of 28 days)
    +
    6.4 days bank/public (pro-rata of 8 days)

    Giving a total of 28.8 days overall holiday entitlement.


  9. #9
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    Default Re: Dispute over holiday allocation

    P.S. I think that you/your employers are confused about the term statutory.

    It means in law/statute, but in your contract it is being used to cover bank/public holidaysicon which are not statutory.


  10. #10
    Basic Account Holder confused457 Novitiate

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    Default Re: Dispute over holiday allocation

    I'll speak to my line manager next and then go from there. If I'm right (which it looks like I am) there maybe a few staff with holidayicon allocations that are incorrect and need to be back dated. I only changed to p/t hours this year.

    I can't believe we have a whole HR department and they can't get it right, they've even doubled checked it!

    Thanks for the help, at least I know It's not me who's bad at maths!


  11. #11
    Basic Account Holder griffzilla Novitiate griffzilla Novitiate griffzilla's Avatar

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    Default Re: Dispute over holiday allocation

    The reason they *may* be quoting the 19.5 days, is if they are counting the days as full days (of either 7 or 7.5 hours) instead of the 5 hours per day.

    Effectively, you work 20/35 (0.57 FTE) or 20/37.5 (0.53 FTE) hours a week - depending on what the full time hours are classed as.

    So your holidayicon would be 28days + 8bh = 36 * 0.53 = ~19.2 full time days off. (Which they have rounded up to 19 1/2)

    This isn't guaranteed to be correct - however this is how I've always calculated annual leave for part timers on not full days (which is for accountancy purposes, not HR!)

    G


  12. #12
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    Default Re: Dispute over holiday allocation

    Well done griffzilla! for providing a perfect explanation of how the OP's employers could have arrived at 19.5 days.

    As you say, this does not work for HR purposes as a method of calculating an employees holidayicon entitlement.
    It breaches both the Working Time Regulations and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations


  13. #13
    Basic Account Holder confused457 Novitiate

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    Default Re: Dispute over holiday allocation

    Thanks for the explanations. I think you're right, they have calculated it as if a holidayicon would be a 7.5 day, which of course mine aren't.

    I've taken it up with my line manager today and he agrees with me. I'll let you know what happens.

    Thanks



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