Holiday Allowance

[Han.B]

Hello,

I'm hoping you can help, I currently work 3 days a week (Mon-Fri) and have been told I am entitled to 12 days holiday, Calculation is the following 15 days (entitlement) - 3 days (bank holiday pro rata)

Full time staff have 25 days holiday and 8 days bank holiday, when looking on the government website it states that my allowance is actually 16.8 days, I have bought this up with HR but they have said this is incorrect.

In 2022 I actually had 15 days leave and no deduction for bank holidays so I am a little confused!

Any advice?

 

[pentel]

What does your contract say?

Does the full time employees contract say the same?

 

[IanSuth]

Very important questions

Do the FT employees contracts say 25 leave + 8 bank holidays or 33 days leave or something else ?

Which exact days of the week do you work or is it 3/5 of a week spread over the 5 days ?

Do you work the same days/hours every week ?

For instance if it is specified "bank holidays" (which is no longer recommended) and you usually work Tue to Thu then you will likely only have maybe xmas and new year falling on your working days.

@Newchodge will be along soon to give a better answer than me but will want those answers

If they are just on 33 days and you work a set 3/5ths of their hours then you are due 0.6 x 33 or 19.8 days per year. I cant see how 25 days leave goes to 12 (48%) whilst 8 bank hols goes to 3 (37.5%) so there must be some other info re your hours/days of work for them to try and justify it.

 

[HFE Signs]

Hello,

I'm hoping you can help, I currently work 3 days a week (Mon-Fri) and have been told I am entitled to 12 days holiday, Calculation is the following 15 days (entitlement) - 3 days (bank holiday pro rata)

Full time staff have 25 days holiday and 8 days bank holiday, when looking on the government website it states that my allowance is actually 16.8 days, I have bought this up with HR but they have said this is incorrect.

In 2022 I actually had 15 days leave and no deduction for bank holidays so I am a little confused!

Any advice?

We have a similar situation with part time staff and it's always a bit tricky with bank holidays, we do this:

Full time staff 21 days + 10 bank holidays = 31 paid holidays

Part time pro-rata so 31 divided by 5 and multiplied by days worked (3-days) = 18.6 days
If they have a working day as a bank holiday then it is deducted from their 'free to spend' days (as it is with full time staff). If they work Tues-Thurs they are free to spend all their days when they choose (except for the gap between Christmas and New year)

 

[NicoJ]

The minimum statutory holiday entitlement is 5.6 weeks which, as you correctly state, would equate to 16.8 (17 in effect) for a 3 day week. This is irrespective of how the bank holidays are treated. If full time equivalents have extra leave then you shouldn't be treated differently and this would make your allowance higher.

If HR disagree then you may have to contact ACAS for advice.

 

[Lisa Thomas]

@Newchodge

 

[Newchodge]

Without seeing the full time contract it is hard to be certain, however -
25 days is 5 weeks.
8 days' bank holiday is 1.6 weeks
So full time staff get 6.6 weeks holiday. It is unlawful to treat part time staff less favourably than full time staff, so you get 6.6 weeks.

6.6 weeks @ 3 days/week = 19.8 days (normally rounded to 20 days. Every time you have a day off and get paid for it you should be considered to have taken a day's holiday, whether it is a bank holiday or not.

At the very least, the statutory minimum that you must get is 5.6 weeks, which 16.8 days.

Talk to ACAS about early conciliation.

 

[Newchodge]

We have a similar situation with part time staff and it's always a bit tricky with bank holidays, we do this:

Full time staff 21 days + 10 bank holidays = 31 paid holidays

Part time pro-rata so 31 divided by 5 and multiplied by days worked (3-days) = 18.6 days
If they have a working day as a bank holiday then it is deducted from their 'free to spend' days (as it is with full time staff). If they work Tues-Thurs they are free to spend all their days when they choose (except for the gap between Christmas and New year)

The simplest way to deal with holiday entitlement and bank holidays is to act as if bank holdays don't exist. In your case staff get 31 days' holiday, or 6.2 weeks based on a 5 day week. 6.2 weeks or 18.6 days if based on a 3 day week. If the organisation is closed on a bank holiday (or any other day) and the employee expects to be paid for it, they have taken 1 day's holday from their entitlement

 

[HFE Signs]

The simplest way to deal with holiday entitlement and bank holidays is to act as if bank holdays don't exist. In your case staff get 31 days' holiday, or 6.2 weeks based on a 5 day week. 6.2 weeks or 18.6 days if based on a 3 day week. If the organisation is closed on a bank holiday (or any other day) and the employee expects to be paid for it, they have taken 1 day's holday from their entitlement

Yep, this is essentially what I've shown in my worked example.