Dispute over holiday allocation

[confused457]

I am currently in dispute with my employer over my holiday 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

[farmlama]

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

[confused457]

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?

[mariefab]

No, it doesn't make any difference.

If your Company only gives it's employees the statutory minimum holiday entitlement; yours would be 22.4 days (which would usually be rounded up to 23) @ 5 hours pay per day taken.

[confused457]

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.

[mariefab]

Does your contract say something along the lines of;

 

Annual holiday entitlement - 28 days

Bank/Public holidays will be in addition to this entitlement

Part-time workers entitlement will be pro-rata.

[confused457]

It says

Paid stautory 8 days

Paid annual holiday 28 days

For p/t staff, all holiday entitlement is calculated pro-rat dependent on your basic working hours.

[mariefab]

In that case your entitlement should comprise

 

22.4 days annual holiday (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.

[mariefab]

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 holidays which are not statutory.

[confused457]

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 holiday 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!

[griffzilla]

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 holiday 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

[mariefab]

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 holiday entitlement.

It breaches both the Working Time Regulations and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations

[confused457]

Thanks for the explanations. I think you're right, they have calculated it as if a holiday 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