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Help with HR question?

35 replies

donthaveacludotcom · 11/03/2019 12:56

I work in an office part time Tuesday-Saturday. Other members of team work Mon-Friday.

I do not get bank holiday Mondays in lieu holiday entitlement. Where as Mon-Friday colleagues get 5 (I think/or there abouts) paid Monday's of a year. Meaning that every so often they work a 4 day week but get paid for working 5 days. I'll come in on the Tuesday and work my 5 days as normal.

Is this right? It's not my choice to be off a Monday I've just been allocated those shifts.

So they will work 4 days and get paid for 5 every so often, and I don't even get it added to my holiday entitlement.

OP posts:
donthaveacludotcom · 11/03/2019 12:57

Any advice appreciated.

OP posts:
QforCucumber · 11/03/2019 12:59

How many days holiday do you get a year? and how many do they get? are they given more days allowance than you even though you all work 5 days a week?

donthaveacludotcom · 11/03/2019 13:01

Yes, my holiday allowance is 5 days shorter than there's. I've been told that I'm not entitled to the bank holidays in lieu as it's just my normal day off.

OP posts:

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StealthPolarBear · 11/03/2019 13:02

Yes surely you should have the same amount of holiday in total. Definitely worth querying op.

donthaveacludotcom · 11/03/2019 13:02

Sorry including bank holidays I get 23 days they get 28 days in total.

OP posts:
StealthPolarBear · 11/03/2019 13:02

X post sorry. Very unfair! If theyeave you need to apply for their job surely.

oh4forkssake · 11/03/2019 13:03

How many hours do you work a week? You may be entitled to argue with them under the Part-Time Worker Regulations. But if you work full-time, but just on different days, it will be harder.

Does your contract say you're part-time?

StealthPolarBear · 11/03/2019 13:03

I thought 28 was the legal minimum

donthaveacludotcom · 11/03/2019 13:03

Thank you for your replies. I'm part time over 5 days.

OP posts:
Malibucyprus · 11/03/2019 13:04

Working 5 days a week, you're entitled to 28 days annual leave per year, this can include bank holidays as part of the statutory entitlement.

www.gov.uk/calculate-your-holiday-entitlement

donthaveacludotcom · 11/03/2019 13:07

Thank you @Malibucyprus that says I should have 28 days. I will query (again Sad) today!

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sackrifice · 11/03/2019 13:08

How many days leave do you get a year?

donthaveacludotcom · 11/03/2019 13:11

@sackrifice going by the businesses intranet holiday request system I get 23 days. 18 + 3 bank holidays ( I assume that's good Friday, xmas and Boxing Day)

OP posts:
oh4forkssake · 11/03/2019 13:12

@Malibucyprus the OP has said she works part-time over five days, not that she works five days. If they don't work five full days, then their leave will be pro-rated which is perfectly fine.

OP, how many hours a week are you contracted to work?

donthaveacludotcom · 11/03/2019 13:13

Sorry actually that's only 21 days. So 21 days. My working day can sometimes just be a 3hr shift but if I take that shift as annual leave it's classed as a full days holiday.

OP posts:
donthaveacludotcom · 11/03/2019 13:14

@oh4forkssake I work 5 days in a row!

OP posts:
donthaveacludotcom · 11/03/2019 13:14

16hrs a week. 5 days a week.

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oh4forkssake · 11/03/2019 13:16

Are your working hours per day set out in your contract? If they are then taking a full days leave for when you're only contracted to work 3hrs is fine, as your leave will have been calculated taking that into account. If they're not, it gets trickier.

It's not clear yet from what you're posting if you're being disadvantaged in comparison to people who work Mon-Fri.

oh4forkssake · 11/03/2019 13:17

Aha! It's the 16 hours bit I was looking for - the five days in a row bit, sadly, isn't as relevant.

Does the company just give minimum statutory leave?

donthaveacludotcom · 11/03/2019 13:20

I work Tue-Sat. 16hrs. Never any longer. My shifts aren't set. One day I may work 12-4, another 1-3. The actual times I'm in work can vary, but always in work Tue, Wed, Thu, Fri, Sat.

Someone else in my work has same contract and hours but works Mon-Fri. She gets 5 Monday bank holiday.

OP posts:
oh4forkssake · 11/03/2019 13:23

Ok, so in my view, it all depends on whether they work on your entitlement in days, or hours, and whether or not they include the bank holidays in the statutory leave for your colleagues, or if they pay it on top.

If they work it out in days (on the basis that you work less than a full day each day), I reckon you're entitled to 14 days a year (which could be inclusive of bank holidays). You weirdly seem to be entitled to less if you work it out on hours per week.

If they include bank holidays in your colleagues statutory leave, and don't pay it on-top, I don't think there's much you can do.

I feel your pain - I work part-time too.

Malibucyprus · 11/03/2019 13:25

Oh part time, missed that.

Calculator says 92 hours and 24 minutes, based on 16.5 hour week over 5 days, can include bank holidays.

As far as I'm aware, minimum entitlement is 5.6 weeks paid annual leave, which can include bank holidays.

Malibucyprus · 11/03/2019 13:27

Sorry I read 16.5hours not 16. 89 hours, 36 minutes according to the online calculator.

MumUndone · 11/03/2019 13:27

If you always work 5 days a week you should get the same entitlement as a full time person, it just happens that a 'day' of leave for you is shorter than for a full-time person.

If a full-timer at your company gets 28 days so should you - the statutory holiday allowance doesn't actually pay any regard to bank holidays, it's just that most organisations choose to allocate 8 of the holiday entitlement to bank holidays - which in your case doesn't work. Do you get to take all your allowance on other days.

MumUndone · 11/03/2019 13:29

Sorry, should read so you get to take your allowance on other days.

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