holiday entitlement for working 1 day per week

[farmerswife]

I have an in-house workshop technician that comes in 1 day a week and he is employed by us for this and the rest of the time he is self employed. Previously, when he was quiet, he used to work more days doing other work but now his business has taken off he does 10hr day in the workshop doing maintenance on machines/plant/tools. This system works for us now and he never works anymore days.

He asked me for his holiday entitlement and I have no idea. He works usually in the middle of the week so I never pay bank hols etc apart from christmas.

Our full time holiday allowance is 22 days plus the bank hols so this year 31days in total.

hope you can help.

 

[Steve Sellers]

31 days holiday = 6.2 weeks.

1 day x 6.2 weeks = 6.2 holiday days per year.

That's assuming his hours are fixed each week.

 

[JMRidley]

Re the bank holiday situation. If you took on another employee who only worked on a Monday then they would get several days off a year! Most places I have worked have pro-rated bank holidays for part time staff and added this to their holiday entitlement no matter what day they work (particularly important as I said at the start if you have a few staff, some of whom work on Mondays and some who don't).

 

[farmerswife]

31 days holiday = 6.2 weeks.

1 day x 6.2 weeks = 6.2 holiday days per year.

That's assuming his hours are fixed each week.

Thanks Steve,

Ok, so there is 9 days of bank holidays in the year (31 days include b/H) so does that mean he actually doesnt get any additional days off - I am confused as that could mean he could have 6 weeks off??? Or does it mean I pay him for 6 bank holidays???

I will need to confirm to him in laymans terms why and how.

 

[Steve Sellers]

I worked that out on the basis that you are giving him bank holidays on top of 22 days, meaning a total of 31 days holiday (which is 3 days more than the legal minimum).

It means he has a total holiday allowance per year of 6.2 days. So theoretically if you allowed him to use all of his holiday allowance at once, you would not see him for 6.2 weeks.

If you haven't already agreed how holiday is taken, or administered then you could do it in number of hours per year rather than number of days. It's just doing the sums differently.

Back to your original post, if he was working irregular hours then he could have accrued addition holidays.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642

 

[farmerswife]

In reality he is only going to be away from 2 weeks.

So I can see paying 4 additional days which arent taken.

Hubby is going to go nuts when he finds out we have to pay him 6 days holiday when he only works 1 day a week and is generally self employed and wonder if this is such a good idea to be employing him for the one day. Its no benefit for us in running a construction business and no one in the workshop and paying them - I understand for full time employees but this makes no sence. Perhaps it would make sence to take him off the books and employ him as self employed. There was also a casual easy come easy go attitude before, but this concerns me.

If this is the case how much do we pay then as he works 10hr day @ £15ph. Our small company isnt going to be able to carry this cost nearly £1000!

 

[littlened]

In reality he is only going to be away from 2 weeks.

So I can see paying 4 additional days which arent taken.

Hubby is going to go nuts when he finds out we have to pay him 6 days holiday when he only works 1 day a week and is generally self employed and wonder if this is such a good idea to be employing him for the one day. Its no benefit for us in running a construction business and no one in the workshop and paying them - I understand for full time employees but this makes no sence. Perhaps it would make sence to take him off the books and employ him as self employed. There was also a casual easy come easy go attitude before, but this concerns me.

If this is the case how much do we pay then as he works 10hr day @ £15ph. Our small company isnt going to be able to carry this cost nearly £1000!

I am no expert, but I would assume if you change him from an employee to a contractor, his hourly rate will increase to make up for his loss in holiday entitlement. This would be perfectly normal and expected.

I employ someone at £7.50 an hour, if I were to pay him as a freelancer I would expect to pay at least £15 an hour.

 

[Employment Law Clinic]

In reality he is only going to be away from 2 weeks.

So I can see paying 4 additional days which arent taken.

Hubby is going to go nuts when he finds out we have to pay him 6 days holiday when he only works 1 day a week and is generally self employed and wonder if this is such a good idea to be employing him for the one day.

You would be giving him the same 6 weeks leave that you give to all your other staff; the fact his working weeks are shorter doesn't change anything.


Unless they are leaving the employment and have untaken leave, you are not allowed to come to any arrangement to compensate for unused leave, rather than him taking it - it is a health & safety rule, so the expectation is that they take it, not take extra money.

However, if they don't take their leave, they lose the right to this - if he's only going to apply for 2 weeks every year, let him lose the rest rather than trying to terminate his employment, complicating things further.



Karl Limpert

 

[Big Pete]

Crazy !!!! so he does 1 day a week . and gets 6 days paid holiday ,, absolutely crazy , and nonsense..

if he works 1 day a week . ie 51 weeks of the year assuming you stop for Xmas of course.


thats 51 days work.. so i would hazard the maximum is equivalent to around 1 and 1/2 months work.. so at that in the good old days when industry boomed and workers was in line so to speak. ahhh the good old days ooops sorry got carried away remembering when you employed who you wanted when you wanted ,sorry i know yep its all changed blah blah ..

anyways back to subject.. so this employee in my eyes gets no more than 2 days paid holiday if they want anymore just sack em not worth more..

It sounds to me this guy wants his cake and he wants it with extra cream and a cup of tea, never good to beholden to any employee .. complacency begins and then you will create your own long term problems ..

 

[Employment Law Clinic]

Crazy !!!! so he does 1 day a week . and gets 6 days paid holiday ,, absolutely crazy , and nonsense.

Why? The employer has decided to provide more than the legal minimum, so staff working 5 days a week get at least 6 weeks holiday; this is the equivalent leave on a smaller scale.

If anything, surely this should bring home to employers the cost of providing extra leave for full-time staff, which will be more than 0.4 days in a year!



Karl Limpert

 

[Big Pete]

Why? The employer has decided to provide more than the legal minimum, so staff working 5 days a week get at least 6 weeks holiday; this is the equivalent leave on a smaller scale.

If anything, surely this should bring home to employers the cost of providing extra leave for full-time staff, which will be more than 0.4 days in a year!



Karl Limpert

And people wonder why the Country is going down the swanny on a ever increasing downhill slide..

6 weeks paid holiday .. NOT in my day .. and over my dead body would of been the term in the good old days

 

[littlened]

And people wonder why the Country is going down the swanny on a ever increasing downhill slide..

6 weeks paid holiday .. NOT in my day .. and over my dead body would of been the term in the good old days

To be fair. This is the employers choice, it hasn't been forced upon them.