Part year holiday entitlement help

SweetSH · Aug 22, 2013

Hi everyone, new here and need some advice.

I started a new job on 1st July this year and as the companies holiday year runs from Jan to Dec I am entitled to half a years worth of annual leave. My contract states I get 20 days plus the 8 bank holidays paid, which is fine.

My query is that I have been told I have 10 days to book for the remainder of this year, but we only have 3 more public holidays left up to December and so would only be getting 13 days paid in total.

Is my employer obligated to give me the extra days paid leave to make it up to 14 days, half the 28 minimum for a full year?

Thanks in advance

Nick

DavidAshdown · Aug 22, 2013

There are 8 bank holidays in a year from January to December. You are entitled to take these as they occur. Thats why its 20 + 8 and not 28 !

SweetSH · Aug 22, 2013

Thanks for the reply,

Yes I understand the contracts wording. I have my minimum 28 days a year, 8 of which are to be taken on the public holidays.

However, as I am only entitled to half the years holiday, half of 28 is 14 days, and must take the public holidays off, of which there are 3 from July to December, I am left with 11 days paid leave to make up the 14. My employer thinks I should only have 10 days + the 3 public holidays.

Newchodge · Aug 22, 2013

What, precisely, does your contract say?

DavidAshdown · Aug 22, 2013

Its not half of 28. Its half of 20 plus the bank holidays. Thats why the two are quoted separately.

DavidAshdown · Aug 22, 2013

Its not 28, of which 8 are public holiday otherwise it would be worded as such.

Its 20 plus bank holidays.

SweetSH · Aug 22, 2013

"You will receive a paid holiday entitlement of 20 working days during a complete holiday year, for part service your entitlement will be calculated as 1/12th of the annual entitlement for each completed month of service during te holiday year"

"in addition to the annual holiday entitlement you are allowed the following public/bank holidays each year with pay or alternative days as decided by us"

It then lists the 8 public holidays decided by them.

Newchodge · Aug 22, 2013

So you get half 20 days plus each bank holiday as it occurs.

get over it.

SweetSH · Aug 22, 2013

As I understand it the current UK law states holiday is 5.6 x number of days worked a week up to 5, giving you a minimum 28days paid annual leave. My employer has said 8 must be on certain days for a complete year. For half a year I therefore should still be entitled to half the uk minimum...14 days paid leave.

DavidAshdown · Aug 22, 2013

SweetSH said:
"You will receive a paid holiday entitlement of 20 working days during a complete holiday year, for part service your entitlement will be calculated as 1/12th of the annual entitlement for each completed month of service during te holiday year"

"in addition to the annual holiday entitlement you are allowed the following public/bank holidays each year with pay or alternative days as decided by us"

It then lists the 8 public holidays decided by them.

It speaks for itself. Its very clear.

You get 20 days holiday per year.

You also get paid for each bank holiday. It so happens in the second part of the year there are only 3 bank holidays. Therefore you only get paid for the 3 of them! Next year, you will get paid for 5 of them (as they occur) between January and July!

P.s. They don't decide public holidays as you state.

DavidAshdown · Aug 22, 2013

SweetSH said:
As I understand it the current UK law states holiday is 5.6 x number of days worked a week up to 5, giving you a minimum 28days paid annual leave. My employer has said 8 must be on certain days for a complete year. For half a year I therefore should still be entitled to half the uk minimum...14 days paid leave.

You don't get 28 days, you get 20 + 8. There is a difference.

SweetSH · Aug 22, 2013

So for half a year why should I get less than half the legal minimum holiday? If you want to word it differently I should get 10 + 4

DavidAshdown · Aug 22, 2013

SweetSH said:
So for half a year why should I get less than half the legal minimum holiday? If you want to word it differently I should get 10 + 4

And between January and July you will get 10 + 5. Do you want to give them back one day ?

DavidAshdown · Aug 22, 2013

So what you are saying, is that the employer should pay you a holiday entitlement for a bank holiday that doesn't exist during that period ?

DavidAshdown · Aug 22, 2013

SweetSH said:
So for half a year why should I get less than half the legal minimum holiday? If you want to word it differently I should get 10 + 4

But its not worded differently.

Its worded the way its worded, which is plain simple english. 20 days per year plus each of the 8 bank holidays. Nothing complicated, sinister or confusing.

At the end of the year, you will receive 20 days and all the bank holidays.

If you left on 31st December, the employer would have overpaid you on your reckoning.

Your contract is based on an annual basis, not on a six month basis.

Newchodge · Aug 23, 2013

SweetSH said:
So for half a year why should I get less than half the legal minimum holiday? If you want to word it differently I should get 10 + 4

While the legal minimum is 5.6 weeks over 12 months, the legal requirement is that you be allowed to take 4 weeks pro rata within your leave year. Over the full 12 months you get the legal minimum. Within your part year you get the minimum of 4 weeks. The law was phrased like that to deal with this issue.

If you get 10 + 4 now and 10 +5 in the following 6 months you will be getting more than your entitlement.

mariefab · Aug 23, 2013

Your employer is wrong and you are right.

Regardless of what it says in your contract, the statutory minimum paid holiday entitlement in the UK is 5.6 weeks (28 days for someone working 5 days a week).
Bank holidays can be included in this 28 day entitlement as your contract confirms is the case with you.

You started on 1st July, so you are entitled to a minimum of 14 days paid holiday.
As there are only 3 bank holidays in the second half of the year your employer must permit you to take the remaining 11 days of your entitlement at a mutually agreeable time.

If it helps you could refer them to the government's calculator for confirmation.
I can't post links, but if you google holiday entitlement calculator I expect it'll be the first item on the list.

Employment Law Clinic · Aug 23, 2013

SweetSH said:
My query is that I have been told I have 10 days to book for the remainder of this year, but we only have 3 more public holidays left up to December and so would only be getting 13 days paid in total.

Is my employer obligated to give me the extra days paid leave to make it up to 14 days, half the 28 minimum for a full year?

I have to admit, while the introduction of an "Employees Topics" forum was the subject of some debate, surely those members posting can either provide honest & professional advice, or simply ignore this forum, as they prefer; giving misleading advice (deliberately or otherwise... and from the various posters' experience, I suspect the former).

The OP is entitled to the statutory minimum leave; there is no mention in the regulations of bank holidays, but there is mention of 28 days for a full year. For half a year, where the leave year starts earlier than the employment, they are entitled to a proportion of the leave equivalent to 28 days over a year.

[QUOTE="Regulation 13, Working Time Regulations 1998]
(5) Where the date on which a worker's employment begins is later than the date on which (by virtue of a relevant agreement) his first leave year begins, the leave to which he is entitled in that leave year is a proportion of the period applicable under [paragraph*(1)] equal to the proportion of that leave year remaining on the date on which his employment begins.[/quote]
[QUOTE="Regulation 13A, Working Time Regulations 1998]
4) A worker's leave year begins for the purposes of this regulation on the same date as the worker's leave year begins for the purposes of regulation*13.[/quote]

John Lewis has recently had to allocate £40 million to compensate for holiday pay they have been failing to pay their "partners". Lets not post advice that means this employee's employer could also run up liability due to ignorance!

Karl Limpert

kulture · Aug 23, 2013

The op posted this question in the general forums. Hence the poor advice received. I moved this thread to the employment forum this morning, and the quality of advice improved enormously.

It just proves that it is worth while posting in the correct forum.

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Part year holiday entitlement help