Is my holiday calculations correct?

[knight007]

I want to check if my employer has correctly applied my leave entitlement. He calculated my pro-rata entitlement to be 15 days. Which is what I expected.

 

I work 36 hours per week with Mon, Tue and Thur being half-days.

If Monday was a bank holiday, Is it correct for my employer to deduct 1 day from my entitlement even though I only work 0.5 days on Mondays?...I wouldn't be complaining if they actually paid me for a full day, but I still only got paid for 0.5 days.

 

Unless I'm mistaken, it just doesn't seem right.

 

Can anyone help confirm?

[mariefab]

You are definitely entitled to more than 15 days a year.

 

You say that Mon, Tue and Thur are half days.

Do you also work 2, or more, full days?

[knight007]

Mon: 0.5

Tue: 0.5

Wed: 1

Thur: 0.5

Fri: 1

Sat 1

 

I started work 30th April. The leave year runs from Jan - Dec so 15 days is correct. The gov.uk site also calculated 15 days.

 

I'm not worried about the entitlement. Its the deduction that I don't understand.

[mariefab]

15 days is not correct. (nor is 15.1)

 

When you used the calculator you entered 4.5 days worked per week didn't you?

You work 6 days per week, so you were entitled to a minimum of 18.8 days from 30th Apr-31st Dec.

[knight007]

Yes I entered 4.5 days. Are you sure I should be getting 18.8 days?

I may work 6 days a week but isn't 4.5 days the correct figure to use?

[mariefab]

No it isn't.

Just because you work 4 hours on some days and 8 hours on others, it doesn't change the fact that you attend work 6 days a week.

 

If you only worked 4 hours every day for 5 or 6 days a week you would still be entitled to 18.8 days holiday for 30th Apr-31st Dec.

[mariefab]

By the way, IF your employer had given you the correct entitlement of 19 days (because they can round up but not down, or they could give you a couple of hours off), it would then be OK for them to deduct 1 day from your holiday entitlement for a 0.5 day Bank holiday.

[knight007]

I still dont understand why it would be ok for them to deduct 1 day but only pay for half a day.

[mariefab]

OK, see if this helps:

 

Debs normal weekly working hours are:

Mon- 1 hour

Tue- 2 hours

Wed- 3 hours

 

Statutory minimum annual holiday entitlement is therefore 17 days (rounded up from 16.8).

That's 17 days in total, not 17x1 hour, 17x2 hours or 17x3 hours.

So, if Debs takes a week off the employer pays her for 6 hours and deducts 3 days from her holiday entitlement.

 

But what if she just wants to take 1 day off?

Her employer could either:

Pay her for 1,2 or 3 hours (depending on whether she chose Mon, Tue or Wed) and deduct 1 day from her holiday entitlement

Or pay her for 2 hours (average daily hours) and deduct 1 day from her holiday entitlement.

 

Usually her contract of employment/other relevant agreement would inform her of which method will be used.

[becky2585]

What they should actually do is calculate your entitlement on hours or allow you to take half days - they can't deduct a full day for only half a day worked, unless your entire working week is made up of half days.

[knight007]

I've emailed citizens advice bureau to check over the calculations. I see your point though in the example of Debs working week.

[knight007]

Where do I stand if I tell my employer that my entitlement should have been 19 days and not 15?

I can see him not giving me the extra 4 days and threatening to get rid of me.