Advice req'd re :employment / holidays

snapdragon · 2 Nov 2010 at 17:32

Hi,

I started working for a company Aug 9th this year, working on the standard 28 day holiday entitlement I work out that pro rata as of christmas this year I'll be entitled to 9.3 days which I worked out as 28 days / 12 months * 4 months or 2.3 days per month worked

They are trying to tell me that I'm only being given 6.6 as entitlement is 1.6 days per month

now having looked on the directgov site I worked out that 28 days is the normal amount however bank holidays are deducted, these average out at 8, thus leaving 20 days holiday, this seems like I'm being done here as work are adjusting my holidays for bank holidays which occurred prior to my engagement there, holidays which I obviously didn't take

Gornall · 2 Nov 2010 at 17:33

28 days a year isn't standard is it? Maybe including bank holidays?

If their entitlement is not including bank holidays they might have a point. Isn't it only 20days that have to be given a year not including Bank hols?

/edit

•bank and public holidays can be included in your minimum entitlement

From direct gov. If they state bank holidays are part of your entitlement then they can be deducted from the 28.

snapdragon · 2 Nov 2010 at 17:36

from the directgov site

The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)

part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)

you start building up holiday as soon as you start work

your employer can control when you take your holiday

you get paid your normal pay for your holiday

when you finish a job, you get paid for any holiday you have not taken

bank and public holidays can be included in your minimum entitlement

As a person who works a 5 day week I'm entitled to 28 days per year, however the company can and do take bank / public holidays from that, this reduces the average to 1.6, however someone who started work in say Dec last year and has worked a full year will have had 2.3 days holiday per month this year where as I will only get 1.6

seems wrong to me

Stretch · 2 Nov 2010 at 17:39

I think it's 20 excluding bank holidays

Vonhelmet · 2 Nov 2010 at 17:39

28 is standard. It includes 8 bank holidays, so your annual entitlement to take at your whim is 20 days.

28 - 8 = 20. 20 * 4/12 = 6.6

nydryl · 2 Nov 2010 at 17:40

It might seem wrong but it's right.

Gornall · 2 Nov 2010 at 17:40

Just FYI there were 3 bank holidays 2 at christmas and 1 end of august from when you started. Thats probably where the difference of 3 comes from in your calculations.

vti_786 · 2 Nov 2010 at 17:42

vonhelmet said:
28 is standard. It includes 8 bank holidays, so your annual entitlement to take at your whim is 20 days.

28 - 8 = 20. 20 * 4/12 = 6.6

+1

Vonhelmet · 2 Nov 2010 at 17:43

Gornall said:
Just FYI there were 3 bank holidays 2 at christmas and 1 end of august from when you started. Thats probably where the difference of 3 comes from in your calculations.

The difference comes from him pro-rating the 28 days, which is not how it's done.

OP - I assume the 6.6 days doesn't include any bank holidays remaining this year?

Pudney · 2 Nov 2010 at 17:52

vonhelmet said:
The difference comes from him pro-rating the 28 days, which is not how it's done.

OP - I assume the 6.6 days doesn't include any bank holidays remaining this year?

You get 28 days including bank holidays, if for some reason you don't work in a period with any bank holidays then you can't include them. So technically he should pro rate 28 days and deduct any bank holidays he will get as he won't get them all

Gornall · 2 Nov 2010 at 18:09

Pudney@work said:
You get 28 days including bank holidays, if for some reason you don't work in a period with any bank holidays then you can't include them. So technically he should pro rate 28 days and deduct any bask holidays he will get as he won't get them all

28 - 8 = 20. 20 * 4/12 = 6.6

This is correct, its irrelevant.

He will get the bank holidays off, what they are working out is how many days he can book which is the 6.6. In reality though he does get 9.6 days as there will be 3 bank holidays in the period he has worked.

PapaLazaru · 2 Nov 2010 at 18:10

What does your contract state?

Pudney · 2 Nov 2010 at 19:10

Gornall said:
This is correct, its irrelevant.

He will get the bank holidays off, what they are working out is how many days he can book which is the 6.6. In reality though he does get 9.6 days as there will be 3 bank holidays in the period he has worked.

The point being you shouldn't just pro-rate 20 days as if he started in June then he'd be entitled to:

28/12*7 = 16.3 days.

If you use 20 days (removing bank holidays) then:

20/12*7 = 11.6 days.

So that assumes you will get 5.7 days of bank holiday when you actually get 3 meaning you'd lose out on 2.7 days of holiday.

So, work out your proper holiday entitlement, then subtract bank holidays you get, don't just use 20 days and assume you get the proper amount of bank holiday...