Working out pro-rata holiday entitlement

Discussion in 'Legal' started by WindFarmer, Aug 20, 2007.

  1. WindFarmer

    WindFarmer UKBF Regular Free Member

    Posts: 5 Likes: 0
    Hello, I would very grateful for some help in calculating a part-time employees holiday entitlement.

    The lady started May 21st 2007 and works Mon, Tues, Wednesday, total of 16 hrs per week. Her full-time entitlement for the year would be 25 days and this runs from 1st Jan to 31 December.

    How do I calculate her entitlement for 2007, bearing in mind she is part-time and only started May 21st?

    Many thanks

    WindFarmer
    Posted: Aug 20, 2007 By: WindFarmer Member since: Aug 14, 2007
    #1
  2. boho

    boho UKBF Regular Free Member

    Posts: 1,411 Likes: 135
    What is the number of full time hours for the company that your annual leave is based on?
    Posted: Aug 20, 2007 By: boho Member since: Oct 16, 2006
    #2
  3. WindFarmer

    WindFarmer UKBF Regular Free Member

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    Well the normal working hours per week is 40.
    Posted: Aug 20, 2007 By: WindFarmer Member since: Aug 14, 2007
    #3
  4. boho

    boho UKBF Regular Free Member

    Posts: 1,411 Likes: 135
    So if she was full time working 40 hours a week she'd be entitled to 25 days, which means she's working 16/40 = 0.4 x 25 days = 10 days annual entitlement based on hours worked

    or you can calculate based on the number of days worked so 3/5's of the annual entitlement (assuming a 5 day week) = 15 days out of the 25 awarded to full time staff.

    This is where the annomalies usually creep in and where companies struggle with consistency.

    Then you have that she will have worked 40 out of the 52 weeks a year, so you end up with either 7.69 days using the hours format or 11.53 using the days.

    I've seen both used in workplaces, and what has to be clear is on what basis everyone is entitled to annual leave, is it the number of hours or number of days worked.
    Posted: Aug 20, 2007 By: boho Member since: Oct 16, 2006
    #4
  5. WindFarmer

    WindFarmer UKBF Regular Free Member

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    Wow, I knew it was complex, but thanks very much! I think I'll use days, as that's what everyone else is on.
    Posted: Aug 20, 2007 By: WindFarmer Member since: Aug 14, 2007
    #5
  6. boho

    boho UKBF Regular Free Member

    Posts: 1,411 Likes: 135
    Days is usually better, it saves fights about whose doing more work than someone else.
    Happy to help - it woke my brain up :)
    Posted: Aug 20, 2007 By: boho Member since: Oct 16, 2006
    #6
  7. WindFarmer

    WindFarmer UKBF Regular Free Member

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    It woke your brain up?? I'm going for a lie down !
    Posted: Aug 20, 2007 By: WindFarmer Member since: Aug 14, 2007
    #7
  8. jan-july

    jan-july UKBF Regular Free Member

    Posts: 137 Likes: 15
    As the employee started work on 21 May 2007, she will have worked for 32 weeks by the year end, so her actual entitlement will be 9.23 days for 2007.

    15 days entitlement per annum, divided by 52 weeks of the year, multiplied by 32 actual weeks in employment.
    Posted: Aug 20, 2007 By: jan-july Member since: Dec 31, 2006
    #8
  9. boho

    boho UKBF Regular Free Member

    Posts: 1,411 Likes: 135
    whoops, apologies, that will teach me for using the outlook calendar, must be some double counting as I've tried to scroll across the months - I should have just dug out the old paper copy instead!!
    Posted: Aug 20, 2007 By: boho Member since: Oct 16, 2006
    #9
  10. Antonia @limeone.com

    Antonia @limeone.com UKBF Regular Free Member

    Posts: 1,765 Likes: 141
    The more complex calculations can cause headaches as they provide for a fraction which needs to be rounded up and can be an issue for full time employees.

    I have yet to see a better way of dealing with this than the recommendation by Directgov.

    Quote
    Holidays
    All workers have the right to a minimum amount of annual holiday. From 1 October 2007 the statutory minimum entitlement will be 4.8 weeks holiday a year, based on your normal working week. For example, if you work:

    20 hours a week, your statutory holiday entitlement is 4.8 20-hour weeks
    three days each week, you have the right to 14.4 days' holiday - that's 4.8 weeks of three days each

    Many employers give more than the statutory minimum amount of holiday. Under the regulations part-timers should be treated no less favourably; this normally means that a part time worker will get a pro rata proportion of what the full-time workers get.

    Your employer can't round down the number of days given, because this would be unfavourable treatment, but fractions of a day might be given as hours.

    Unquote
    Posted: Aug 20, 2007 By: Antonia @limeone.com Member since: Jan 28, 2006
    #10
  11. JaneMann

    JaneMann UKBF Regular Free Member

    Posts: 1 Likes: 0
    Hi all

    On a similar vein, can you help me on this one? I work part-time (three days a week Tues, Weds, Thurs). My company is very fair and they pro-rata holidays/Bank Holidays etc. However, this year, they have decided to close the office on Monday, 24 Dec and Monday, 31 Dec. This means that full-time staff are gaining two days' extra holiday this year. I believe that this should be pro-rata-ed for part time staff and this would mean me receiving a further day's holiday. However, I have been told that they have checked with the employment department (I work for a law firm!) and the answer is
    "Unfortunately they are not official bank holidays they are what the firm has decided to award as holidays and therefore if you do not work on these days, unfortunately there is no alternative arrangement."

    What do you think?

    Many thanks.
    Posted: Sep 6, 2007 By: JaneMann Member since: Sep 6, 2007
    #11
  12. boho

    boho UKBF Regular Free Member

    Posts: 1,411 Likes: 135
    Thats the same policy I have encountered elsewhere I'm afraid, in fact in a lot of places Bank Holidays also don't count if they are not days you would work anyway, so you don't get additional days for those either.

    Effectively it's merely a company shutdown for the Xmas period, as opposed to being holiday entitlement, and therefore is for the companies convenience rather than specifically being to benefit employees - althought of course it does.
    Posted: Sep 6, 2007 By: boho Member since: Oct 16, 2006
    #12
  13. Lasting Designs

    Lasting Designs UKBF Regular Free Member

    Posts: 936 Likes: 94
    Sole trader, Holiday or Pay those are your choices :( More £'s to yourself :D
    Posted: Sep 6, 2007 By: Lasting Designs Member since: Aug 10, 2007
    #13
  14. sjbeale

    sjbeale UKBF Regular Full Member

    Posts: 1,105 Likes: 185
    With part timers it is much better to provide the holiday entitlement and bank holiday entitlement in hours rather than days. The deductions can then be made more appropriately.
    Posted: Sep 7, 2007 By: sjbeale Member since: Jul 8, 2005
    #14
  15. Guest

    Posts: 0 Likes: 0
    Hi JaneMann,
    You have already been correctly answered, if the situation was that you had been working any of the days they you would have received the same benefit on your pro rata entitlement, unfortunately though ...... :(
    Posted: Sep 7, 2007 By: Member since: Jan 1, 1970
    #15
  16. Robin Byrne

    Robin Byrne UKBF Newcomer Free Member

    Posts: 1 Likes: 0
    I would like to know how I would work out the following:

    Our full time staff recieve 20 days holiday. The work the normal hours 5 days a week.

    We have one part time lady who only work 12 hours a week 3 days a week.

    Can you let me know how much holiday entitlement we should allow?
    Posted: Feb 4, 2009 By: Robin Byrne Member since: Feb 4, 2009
    #16
  17. PFT

    PFT UKBF Contributor Free Member

    Posts: 147 Likes: 30
    Robin, if your full time staff (over 30hrs per week) are still only given 20 days holiday per year, you are breaking the law. As of October 2008, holiday minimum allowance was raised to 24 days to include 4 public holidays, and as of April 2009, it is 28 days to include all public holidays.

    In answer to your question, calculate 3/5 of full time allowance, or approximately 14.5 days per annum.
    Posted: Feb 4, 2009 By: PFT Member since: Jan 13, 2009
    #17
  18. Kymbee

    Kymbee UKBF Newcomer Free Member

    Posts: 1 Likes: 0
    Hi. Another part time holidays question. A colleague and I both work a Monday, Thursday and Friday and have been told we are entitled to 12 days holiday this year. Another colleague who works Tuesday, Wednesday and Friday however is entitled to 18 days. We all work the same hours just different days. It all has to do with the Bank Holidays. Those working full time get 25 days (5 weeks). Working Tuesday, Wednesday and Friday gets you 6 weeks and working Monday, Thursday and Friday gets you 4 weeks. We can't see how that is fair. Is this right and/or fair? Employers haven't mentioned the new holiday entitlement as of April and I suspect they will try and keep it quiet. Thanks
    Posted: Mar 23, 2009 By: Kymbee Member since: Mar 23, 2009
    #18
  19. Christiane

    Christiane UKBF Regular Free Member

    Posts: 1,819 Likes: 216
    can't go wrong with this calculator for part timers http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1079427399

    Also as a small business I chose not to pay the staff for Bank holidays. People assume they get paid automatically for BH but it's not law, it's down to the business. They get the BH off but don't get paid for them.

    As for the new holiday entitlement from April 09, it's law, isn't it, and has to be applied. Employers can keep it shush but I wouldn't want to risk it!
    Last edited: Mar 23, 2009
    Posted: Mar 23, 2009 By: Christiane Member since: Dec 3, 2006
    #19
  20. tresa

    tresa UKBF Newcomer Free Member

    Posts: 1 Likes: 0
    our employee started on 23rd feb and left 4th sept how many holiday days is he entitled to
    Posted: Sep 23, 2009 By: tresa Member since: Sep 23, 2009
    #20