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nikkinoo1974

Holiday for part time employee

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Please can anybody advise me on the below issue

 

I have worked for the same company for 2 years, I work 4 days a week 7.50hrs per day a total of 30hrs per week, I have always had 16 days basic holiday and 8 bank holidays.

 

I am due to change my working pattern on Monday to 5 days a week at 6hrs per day still a total of 30 hrs but spread over 5 days. I checked with my HR department what my Holiday would be for next year, but I have been told its the same 16 days but with a new twist they have now decided to pro rata my bank holidays and only pay me for 6 bank holidays, we are an office and are not open on bank holidays so I dont have the option to work them so I have to use my basic holiday or not get paid.

 

Please can you advise if this is legal ?

 

I was paid 120hrs basic holiday last year plus 60hrs bank holiays next year I will only be paid 96 hrs basic + 36 hrs bank holidays.

 

I have checked on the directgov web site and its states a person working 5 days a week is required to have 28 days holiday this may or may not have to include bank holidays does this apply to you even if you work 6 hours a day but still 5 days a week?

 

Thank you for reading.

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Guest Old_andrew2018

You could send a PM to some of the HR experts who advise on the forum, you will need to include a link to your thread.

 

Andy

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hi nikkinoo

i work mon to fri 30 hours per week , 6 hours per day and recieve 20 days holiday + all bank holidays off, im sure what your company is telling you is not right,

im sure there is a web page that helps you calculate your holidays, try google something like holiday entitlement . or something to that effect

 

sara x

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Between 1st October 2007 and 1st April 2009 the statutory minimum paid holiday entitlement increased in two stages by an additional 1.6 weeks.

See link below:

The Working Time (Amendment) Regulations 2007 No. 2079

 

So, the statutory minimum paid holiday entitlement increased from 4 weeks to 5.6 weeks.

 

Employers can include days taken off for bank holidays in this.

Your contract of employment should show whether or not your employer does this.

 

Unless it's stated in your contract, or it's Company custom and practice, you are not entitled to take bank holidays off.

If you work on a bank holiday your employer can pay you at your normal rate. (Although employers may offer an enhanced rate or an additional paid day off so as to ensure sufficient cover for bank holidays. This should be stated on your contract.)

However, if you work on a bank holiday and your employer pays you double time or any other enhancement to do so they cannot then deduct a day from your statutory minimum holiday entitlement.

From 1st April 2009 payment in lieu for any part of the minimum entitlement is no longer permitted (except when employment ends).

 

So, to finally answer your question:

Next year your statutory minimum paid holiday entitlement when working 5 days a week will be 28 days (5.6 weeks, 28 x 6 hours = 168 hours).

If your employer includes bank holidays they should pay you for all 8 bank holidays leaving you with 20 paid days off to take by arrangement.

HR is wrong to tell you that you are only entitled to 22 days

 

You can confirm your entitlement by using the calculator starting in the link below. (The 'Go straight to the first question' link)

 

Calculate your employees' holiday entitlement | Business Link

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