Lack of clarity about annual leave - please advise!

[Stevie77]

So, this new place I started at this year is being unclear about my annual leave entitlement. I get 25 days per year + BH, running Jan-Dec. In the handbook (and possible, contract) it says holidays are accrued at 2 days per month of service if join/leave part way through the year.

I started middle of Feb. So according to my logic, I should get 22 days' holiday. HR say 21 because days are accrued at 2 per month. That's fine, but where's the extra day's difference to 25 days?

HR said will look into it but I'm trying to find any other info as HR's known to give the wrong info to people.

Any ideas? What trumps here because clearly there's a descrepancy between the two parts of the contract/hol guidance.

[flowery]

Doesn't sound like a discrepancy between the information you have if handbook and contract say the same thing. In a full year you get 25 days, in a part year, for ease of working it out, you accrue at 2 days per complete month.

It's not necessarily fair as it means new starters and leavers during a year lose out a bit, but there's nothing illegal in that as long as you get your statutory minimum number of days overall. Stat minimum for full time is 28 days including bank holidays for the year, so you'll get that.

[redskyatnight]

That doesn't seem contradictory?
You started in middle of Feb so lose 2 days for Jan and 2 days for Feb so 21 days?

[Stevie77]

Erm, well they're saying I accrued 1 day for Feb as I worked half of it. Therefore 1 day for Feb and 2 days per month March-Dec.

The issue is the diffetence between 25 days p.a. and 24 days when calculated at 2 per month rate. Whilst I understand why it's calculated in this way, at the same time I want that 25th day, or part of it as earned.

[flowery]

You understand why it's calculated that way.
It's perfectly legal because you will certainly receive your statutory entitlement and this policy is not discriminatory against a protected group.
It's very clear in your contract and handbook documents what the policy is.

Your basis for arguing that they should give you a portion of the extra day would seem to be that you don't like their policy. That's a valid opinion but it's not a question of anything being unclear, or anything 'trumping' anything else.

[Stevie77]

Yes, well clearly I've described the situation using incorrect terminology/wording, whilst trying to understand if there are wider, legislative issues. Which there aren't.

[flowery]

You're welcome.

[Stevie77]

Sorry, I honestly did not mean it like that and am very thankful for the advice even if didn't yet get around to thanking for it. I somewhat felt like I was being attacked for the question, perhaps I misunderstood the tone in which replies were written.

Thank you

[tri10]

We get 25 days a year and it accured at 2.08 days a month and then rounded to the nearest half. Whilst they might not be doing anything illegal it does seem unfair.

[Stevie77]

It is unfair, tri10, and a bit petty when 25 days over the 10.5 months of employment equate 21.8 days A/L. If it was nowhere near I wouldn't even mention it. Also, a colleague's leave allowance was rounded up, so there's no consistency

[Tournament]

I'd keep quiet if I was you! I think it's most likely to be 2 days per complete month, so you're actually only due 20 days. I don't think it's unusual to be slightly "short" in your first year TBH.

[ThingummyBob]

If its not consistent then ask them why, I would!

Can't harm if you do it nicely and you might get an extra day off on paid hols this year!