Working out holiday entitlement

[par05]

Hi so I started working for a small company, in July and had booked a holiday in November, the company was in the middle of changing ownership and my then boss said yes I will be entitled to holidays, as will have worked 5 months by then, anyway I worked 4 days from July till mid Sept, then asked if I could go down to three. Which I did (not really keen on job found it really hard going and was miserable) 3 days a bit more manageable! And am coping! Anyway went on holiday for 9 days =3 weeks it was a unavoidable holiday not really a holiday! And now my employer (the new one is saying I have used up some of my days for the new year which is Jan to Dec! As I had only been there a few months so wasn't really entitled to holiday. So I said are you telling me I have no holidays and can't take time off, for kids or my mum who's about to have a major opp? He said unpaid leave! He also said about people taking holidays and just leaving! And i have been thinking about it when my mum goes in for her opp, being a full time care for my parents! How would I now hand my notice in? Thank you for making it this far! Hope above makes sense.

[par05]

Bump

[TheMogget]

What does your contract say about holiday entitlement? Anything?

Minimum statutory holiday entitlement is 28 days including banks holidays for full time employees.

While you were working 4 days that would pro-rata to 22.4 days (so approx 5.6 days for your 2.5 months), 3 day weeks gives 16.8 days per year (4.9 days from mid-Sep to the end of December).

So, if you only get the minimum entitlement you would have 'earned' 9.5 days holiday last year.

If you usually work Mondays and didn't work August Bank holiday and Christmas Day you need to add those (plus Boxing Day) on to your 9 days in November, so potentially you could have taken 12 days and 'owe' 2.5 days. If those days were you're 'non-working' days then you have only taken 9 (10 if you usually work Tuesdays and didn't work Boxing Day). So you may 'owe' up to 2.5 days.

This year you would be entitled to 16.8 days (including bank holidays) less whatever you owe as per above.

I hope that makes sense (calculations based on rough dates, you can work out exactly here).

Does that help?

[AlexanderHamilton]

You will have accrued some holiday from July but 3 weeks worth is a heck of a lot to take in one go especially if you only started part way through the year.

Each month you work you accrue holiday so in order to accrue 3 weeks worth of holiday you need to have worked for 6 months. This possibly didn't leave you enough for Christmas so any extra days (exactly how many depends on what days you usually work etc as mogget said) need to be taken out of this year's entitlement.

So you will still accrue holiday this year but you'll just get a few days less to account for the extra you took last year.

[AlexanderHamilton]

As for handing your notice in you need to check what your notice period is & putvitvin writing to your employer. If you leave before accuing the 'owed' days you may be asked to pay that money back.

[umizoomi]

As PP said.

If your contract is 20 days plus BH's that's the stat minimum of 28 days. If your contract is more than that then you would get that pro-rata.

The bank hols are rolled in so if Aug BH, Dec 25th and 26th are your working days then they come off your accrual assuming you didn't work them. Same with any other Xmas days off.

[par05]

Hi thank you for replys, I have Mondays and now Tuesday's off so Xmas and boxing day and bank holidays I'm off anyways, so don't get paid for them, worked from wed to Fri, if I had 9 days that works out to 3 weeks? Is that right?

[par05]

I have now worked there for 6 months

[AlexanderHamilton]

If you work 3 days per week then yes 9 days holiday equals 3 weeks.

[AlexanderHamilton]

What date did you start work & what date did you drop from four to three days?

[umizoomi]

How many weeks did you work on 4 days and how many (to Dec 31st) on 3 days ?

What is your contractual holiday entitlement (full time equivalent)

[umizoomi]

Also, just because you don't work Monday doesn't mean you don't get paid for bank holidays. You are still entitled to 60% of the 8 BH's.

It just gets included in your annual and BH's you do work get taken from that total

[par05]

Ok so I started on 3rd July, and worked 4 days until 16th Sept, have worked 3 since then, my holiday was in november, I thought I had 9 days but employer said to me this morning that I've taken some of my holidays and ideally work a year before you have holidays!

[AlexanderHamilton]

Ok - so you should have accrued 4.6 days between 3rd July & 15th Sept & 4.9 days from then to December. (9.5 days in total).

So if you took 9 days holiday in November that leaves you with half a day (did you take no holiday over Christmas at all except Mon/Tues?

The new leave year has now started so you will accrue holiday from now on. Your yearly entitlement is 16.8 days (17 as it can't be rounded down) so if you divide that by 12 you accrue 1.4 days holiday each month.

[umizoomi]

If the holiday year runs Jan - Dec then as Alexander says you are entitled to 9.5 days total.

If you took 9 days in Nov, what did you have off for Christmas (the days that you would normally work)

If you were off any of these it will either be unpaid or it comes from this year's hols.

Working a year before holiday is utterly ridiculous and actually unlawful.

Holidays accrue from Day 1 of employment for ALL employees. And they are duty bound to ensure you take the legal minimum as holiday.