Holiday entitlment query

[Melbel]

Hi all

 

Does anyone know anything about staff holiday entitlement?

 

I am working 3 days a week which equals 18 hours

A colleague of mine works 3 days a week equalling 15 hours.

 

I am told i can only get 12 days a year holiday at this rate but have discovered they are giving my colleague (who is married to one of the bosses) 17 days a year!!

 

Can they pick and choose how much hoilday people get?

 

im really annoyed, my colleague only gets this because of who she is married to.

[mariefab]

Like you I work 3 days a week (18 hours)

 

I now get 17 days holiday entitlement per year, which is the statutory minimum.

 

The link below will enable you to confirm this.

 

Calculate your employees' holiday entitlement | Business Link

[Melbel]

Great, thanks for that marie. I wanted to make sure i was right before i go in all guns blazing.

[MrShed]

However, holiday can differ depending upon time with employer etc.

[mariefab]

I'm happy to be able to help.

When I discovered this forum, a few months ago, I was in a similar position to you (only receiving 12 days holiday entitlement).

 

It was only through reading some of the posts here that I found out I was entitled to more; because the statutory minimum paid holiday entitlement had been increased over the last two years.

 

Although the total holiday entitlement can be higher, if extra is given for long service, it cannot be lower.

 

The Working Time Regulations is your friend here:

 

The Working Time (Amendment) Regulations 2007 No. 2079

[Melbel]

Right ok.. they are doing this to a lot of staff. They try and get out of it by saying our bank holiday is part of it.. im not sure. however i work weds, thurs and friday so i should still get 17 days regardless of what days i work??

[Melbel]

ive been here oneof the longest mrshed, i was the 3rd person to be employed in the offices here. The lady who gets more holiday than me has worked here for less time and works shorter hours.. she kicked up a stink about not getting bank hols cos she does tues,weds thurs and they gave her 17 days. if she gets that we all should.

[Melbel]

if i have to disappear i will beback to read your replies and let you know how i get on tomorrow. thanks all.

[mariefab]

i work weds, thurs and friday so i should still get 17 days regardless of what days i work??

 

Correct.

There's only one way that I can think of that you could be entitled to less than 17 days and it's nothing to do with bank holidays.

If your Company uses 1st October 2008 - 30th September 2009 as their leave year; then for that period your holiday entitlement would be 16 days. (After which it would increase to 17 days.)

[MrShed]

i work weds, thurs and friday so i should still get 17 days regardless of what days i work??

 

Correct.

There's only one way that I can think of that you could be entitled to less than 17 days and it's nothing to do with bank holidays.

If your Company uses 1st October 2008 - 30th September 2009 as their leave year; then for that period your holiday entitlement would be 16 days. (After which it would increase to 17 days.)

EDIT Siorry misread.

 

However, bank holidays absolutely are counted as far as I am aware. You get a proportion of the bank holiday off depending upon what days and how many hours you work, and if you arent entitled to the full day you need to work some time in lieu....

[mariefab]

The only legislation that I am aware of in regard to bank holidays is a requirement for banks to close on these days.

The recent increase to the statutory minimum paid holiday entitlement made no change to the status of bank holidays.

 

It is still entirely at the individual employers discretion whether or not to include bank and public holidays in their employees annual holiday entitlement.

An employee is entitled to the statutory minimum paid holiday entitlement regardless of which days of the week they work.

[rebeccas78]

Hi,

The statutory legal minimum holiday entitlement for a F/T employee working 5 days per week in the UK is now 28 days per annum (calculated as 5 days x 5.6 weeks =28) however employers can include bank holidays in this so many employers will say 20 personal days + 8 UK Bank holidays.

 

In the case of P/T employees I can advise you that where your holidays are calculated based on the amount of days you work per week (as opposed to the amount of hours) you would simply multiply the days worked by 5.6 (F/T Equiv calculation) - so MarieFab would as she says get 17 days...important to note the employer should round up to the nearest whole or half day.

 

Then with regards to the bank hols if your working days fall on a bank hol you will then minus them from this figure.

For example Marie Fab works Tues-Thurs, in England no bank hols fall on a Thurs this year so she will benefit by having the full 17 days for hols!

If she worked Mon-Weds however there are 5 bank hols (I think!) that fall on a Monday in England this year so she would have 17 days, less the 5 bank hols which fall on bank hols, leaving 12 days for her personal hols....but remember that she still gets paid for the bank hols anyway as it would be a standard working day normally!

 

I hope this makes sense, it can be confusing however, best to go to the business link web-site reffered to earlier!

[rebeccas78]

Not sure where that cool face appeared from at the start of my post - apologies, think my keyboard has gremlins!

[Melbel]

Morning all

 

That makes plenty of sense rebecca.

 

Just been told by my boss she needs to work out what i have (obviously i already know)

 

Will wait for them and see what they say then i will come back with the info i have picked up ont his site. I will also tell them ive spoken to an adviser at acas who have also confirmed it.. will be interesting to see how they try and wangle out of it - especially as one of the staff already gets her full 17 days (the bosses wife!)

 

Will let you know.

 

This site is a life saver!!