Holiday entitlement.

[FeiYenKansu]

I've been in my current job for four years.

I'm semi retired so only work two shifts spread over two consecutive days.

When I was interviewed I asked how much holiday I was entitled to as I had previously worked full time in my previous job and was curious as to what my holiday entitlement was. The manager didn't know as everyone there is full time except for me in my job!

At the time I googled the government website and it said I was entitled to 11 days holiday. I also looked at the information/employee paperwork and it only vaguely mentioned part time hours and suggested holiday was pro rata. After being taken on I asked my manager and they said they didn't know but 11 days sounded about right.

For two years I took 11 days holiday each year.

Up til then I hadn't paid much attention to my payslip, just checked the net pay! At this time I noticed for the first time it said holidays taken and holidays left. As it was near the end of the year I was shocked to see it said 11 taken and 17 left to take! This would mean that I had 28 days holiday not 11!

Holiday has to be taken by the end of the year so I was unable to take any more time off as it was so near to the year end.

The next year, my third year of employment I made sure that I took 28 days off. I also managed to see the woman who does the payroll and she was adamant that 28 days is correct. I mentioned it again to my manager and they said to accept it was 28 days!

Obviously, it's absolutely brilliant that I get way more holiday than I thought I was entitled to! But I still think they've made a mistake. The other person who does my job full time has been there ten years plus and he gets 30 days holiday. My hours are 16 and his are 8 hours, five days a week = 40 hours. He has said to keep quiet and be thankful!

This year I've booked 28 days holiday and been granted them. My payslips confirm I'm entitled to 28 days holiday.

My concern is that if they suddenly realised they've made a mistake, would there be any consequences? I can easily pay back holiday pay but I don't want to be accused of fraud.

[MadamePomfrey]

I can't see how it is fraud, they told you you were allowed 28 you have double checked and it has been confirmed!! You have booked the leave officially in no way have you hidden something from them or tried to hide what you are doing! So i would carry on!

[IvorHughJarrs]

No idea on legalities but I work 2 days a week and am entitled to 2/5 of the full time holiday entitlement. My full time colleague gets 28 days per year so I get 28 x 2/5 = 11 days.
If I took 28 days off that would be the equivalent of 14 weeks which is over a quarter of the year so it sounds like they are wrong

Just to confuse you more you have to factor in bank holidays if they are not included in your holiday allowance. You are entitled to 2/5 of a day off for each bank holiday so, if it falls on a day you don't work, you gain that on your holiday allowance but, if it falls on a day you would normally work and you have the day off, you have to repay 3/5 day

[IvorHughJarrs]

I would get legal advice as I think they can reclaim money in some circumstances. I worked for a multinational retailer some years ago that paid a bonus to a group of professionals then, some months later, wrote and said it was miscalculated, paid in error and had to be repaid. Apparently, legally, they could do this and everyone did have to repay

[LouiseBrooks]

It's extremely unlikely it should be 28 days if you only do two days a week, unless that includes bank holidays (some companies count those.) That must be the full time rate and you should be pro-rata-ed but it's their mistake so just say a quiet thank you and enjoy your holidays!

The worst that could happen is they realise they've made a mistake and going forward they put you back to the lower rate. It is absolutely not fraud, you've checked it twice with them so don't worry.

[FeiYenKansu]

That's interesting about bank holidays as I do work Mondays.

However, this year I've deliberately booked all of the bank holiday Mondays off except for one!

They do not close on bank holiday and it's not treated as a special day by the company.

[FeiYenKansu]

Thank you all who have replied.

[indigox]

What does your contract say?

[FeiYenKansu]

No mention of exact holiday entitlement. I think those is because I am the only part time person there. I applied for the job and made it clear of the exact amount of hours that I wanted to work and didn't want to work full time. I was hired on this basis and all paperwork is the same as full time employees.

It's my feeling to that everything is set up for full time employees and they can't change it on the payroll system to distinguish me from everyone else.

I've brought it to their attention numerous times but will give up now as it suits me to have the time off.

Thank you.

[bimbobaggins]

I think you know yourself that it's meant to be 11days but if you have checked repeatedly with management & been told its28 days then at least you've kept yourself right. It definitely works out at 14 weeks holiday per year, they'll soon change it when other employees notice it and ask for the same

[StealthPolarBear]

Do they not struggle to get the work they need from you if you're off almost one week in three?

[dudsville]

If you took 28 days al that would equate to 14 weeks off for you. You're clearly, as you say, working in a system that doesn't yet have the tech to process your working hours. I'm shocked that your managers can't see this and work it out.

[namechangeforholiday]

This is bizarre! I've never worked anywhere that didn't have a mix of full and PT employees so I find it odd they lack both policies and common sense.

You have been truthful with then, but I also would be concerned they realise their mistake

[Bitchywaitress]

Oh course you get 28 days (plus BH) but you don't get paid at a full time rate for them.

[Bitchywaitress]

This isn't complicated people. If Jane works PT at 20 hours per week and is paid £800 a month, if she was to take her 28 all in one, she would get paid £800 in holiday pay. If Emma works FT and gets £1600 a month, she also gets 28 days, but of course is paid more.

[Frazzled2207]

I work 3 dpw and get 60% of the holiday entitlement which seems fair to me.
It does seem daft that you get nearly as much as a ft person.
I think you need it IN WRITING that you are entitled to 28 days, an email from hr will do, then don't worry about it too much and press on.

[PourquoiPas]

I love it when people say things like "it's not complicated people" then proceed to show they have no idea what they are talking about

In most work places I have been in, they would calculate your entitlement as (30 day for full timers plus 8BH) x 16 hours worked PW/40 hours full time = 15.2 days of holiday. But every workplace is different. Wouldn't be 28 anywhere though, lucky you!!!

OP, I would just ensure you have documented your conversations with your line manager and HR, and not plan too much on keeping that entitlement so you aren't left up shit creek without a paddle when someone else looks at your entitlement and brings it back in line with everyone else. Then enjoy it!

[StealthPolarBear]

Bitchy that makes no sense at all

[indigox]

Bitchy If Jane's 20 hours was over 2 days and she was to take her 28 days all at once, she'd be on holiday for 7 weeks and therefore she'd have nearly 2 months salary, not the £800 you're claiming.

You don't take holidays for the days you don't normally work.

[indigox]

14 weeks, not 7

[FeiYenKansu]

Thank you for the further replies.

Payslips are emailed and I've kept every one and they clearly state holiday entitlement. (Despite my not noticing until two years in!)

To stealthpolarbear, when I'm there I work efficiently so they are more than happy with my work.

No one at work is jealous, everyone does a completely different job to me and the guy who works full time doing what I do is the only person outside of the payroll woman and the managers I've spoken to. He is fine and advised me to keep shtum!