Annual leave allowance disagreement

[Dinodinosaur]

I work part time and up until now this has been full days. I received a pro rata allowance for annual leave and bank holidays and bank holidays needed to be booked from this allowance.

I am now moving to a mix of full and half days, with the number of hours worked overall per week remaining the same.

My employer has said I now get the same number of days off as a full time employee, but if the day I have off falls on one of my half days it will count as a full day off as they base annual leave on days not hours.

I will need to take time off more often on the half days to cover child care in school holidays. Therefore, I will lose out on holiday in comparison to now, even though my number of hours won't change.

Is this something they are able to do? I am going to challenge, I would just like advice on where I stand first if anyone has it. Thank you.

[RiddleyW]

So are you working 5 days a week now but some as half days?

[isabellerossignol]

I'm not sure I follow how it would make a difference? If it all works out at the same number of hours leave overall then you are using the same amount of leave?

[isabellerossignol]

Or do you mean that they have changed the amount of leave that you actually get?

[Nacreous]

So is it that e.g. before you worked 3 days per week, full days. You got 60% of the annual leave allowance (say 15 days of a 25 day allowance plus proportional BHs).

Now you work 60% hours but e.g. 2 full days and 2 half days. But they say saying if you don't work one of your half days you will lose a full day of holiday?

If so, that is treating a part time employee less favourably than a full time employee and is illegal unless there are good business reasons.

m.acas.org.uk/index.aspx?articleid=1576

www.gov.uk/part-time-worker-rights

Second link probably most useful to you.

[RiddleyW]

I don’t think that’s right Nacreous as OP says she gets the same amount of leave as a FT employee.

[Nacreous]

Sorry didn't really finish example above. So now you would essentially only get 7.5 full days holiday because you would use a full day for every half day you took?

[Nacreous]

Riddley Oh yeah, that's a good point...

Hmm so really if she took all her days off on full days she'd actually end up ahead?

[RiddleyW]

Yes, my reading of the OP is that the situation is fine but hopefully she’ll clarify.

[dementedpixie]

Do you now work 5 days a week so if you took a week off it would be a mix of half days and full days? I think that sounds ok tbh. It would only be unfair if you worked fewer days than full time staff

[Dinodinosaur]

Sorry if I wasn't clear, yes I will now get the same number of bank holidays and days annual leave as a full time employee. So if i only took days off on my full days I would be better off than before.

But I work those full days as that is when family are able to help with childcare. The half days I will be doing the before and after school stuff in term time and will need to book off more in school holidays. Also, in term time, it is the only time I can get child free as on the days when family are helping, they would give me the preschooler back if I wasn't working.

[Comefromaway]

Yes, that sounds correct.

[dementedpixie]

Do you now work the same number of days as full time staff even if some days have fewer hours? They cant give you extra days holiday just because some of your days are shorter

[ShhhBeQuiet]

.

[Dinodinosaur]

I am not looking for extra days @dementedpixie, just the same as before. My hours haven't changed, I certainly don't think I should be entitled to more. I just don't want to lose out due to the timing of when I am likely to be booking holiday.

[isabellerossignol]

How many days per week do you now work?

[VeThings]

So... will they let you work a half day on what would usually be a ‘full’ day to compensate? I’m guessing not.

It might be easier for you to think of it in hours so you can demonstrate this is less favourable to you compared to a FT working colleague.

What is the basis for this, btw? Is it that their systems are shit, they don’t know what they’re doing, that someone can’t get their head round the fact they are reducing your annual leave entitlement if you ever take leave on a half day?

[dementedpixie]

If she is working the same amount of days as full time staff then they cant give extra days (even if they are only half days) as she will then be getting more holidays than full time staff

[VeThings]

Hang in, I just saw your update that you will know get the same days leave entitlement as a FT employee.

So they are correct - either you book leave as a full day on a half day, or you should be given pro-rata leave and able to book half days.

My earlier post was based on you still having pro rata leave.

[Sunshine1239]

You need to get your allowance in hours and then book it off on hours

This would be normal procedure

[Sunshine1239]

You shouldn’t be getting full time leave unless you work five full days surely

[VeThings]

I don’t know why your firm is giving you the same leave as a FT employee. If you book your annual leave on your full days, you’ll get more leave than a FT person. It’s a bit of a bunkers policy unless they stipulate that x number of days have to be on your half days

[isabellerossignol]

It doesn't sound fair to the full time employees to me. If you work eg full days on Monday and Tuesday and half days the rest of the week and you all get 20 days leave, then if you took all your holidays on Mondays and Tuesdays you would get more leave per year, in proportion to hours worked, than your full time colleagues. Giving you leave in days would only be fair if you worked a set number of hours every day of the week.

[Dinodinosaur]

I work 4 days now, moving to 2 half and 3 full days. I get 80% of what I would get if I was full time for both annual leave and bank holidays and then book the bank holidays off if it is a day I normally work.

All I want is to still get 80% holiday entitlement, not 100% if I only take leave on my full days and 50% if I only take leave on my half days. It wouldn't be fair to my manager or full time employees if I got extra holiday than them in comparison to hours worked.

[VeThings]

Earlier on you said “ I will now get the same number of bank holidays and days annual leave as a full time employee”

So you’re not going to be getting less AL than a FT employee. In fact you get more if you book more FT days than half days.

[isabellerossignol]

I understand now and I don't see how it's fair. So do you mean that if Eg everyone gets 20 days leave you would now get 16. And if you work eg 7.5 hour days then 16 days leave could be as little as 52 hours or as much as 120 hours? When actually you are entitled to the full 120 hours?