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Original poster

Holiday Entitlements

45 replies

Ifonlyihadknown79 · 01/10/2020 12:25

Please can someone clarify if I am wrong!! I have already spoken to Acas who have told me to check my contract, which I have done and I am still not clearer lol.
Working part 3 days a week in my contract it states a full time employee gets 24 days plus Bank Holidays and a part time worker gets pro rata.
Contract does not say that holiday will be used for Bank Holidays or set days.
My employer gives me 19.2 days but takes away the Bank Holidays so I end up with 11 days to take in my own time..
We don't open on Bank Holidays.
I always thought part time workers should be treated the same?
All full time staff get paid Bank Holidays plus the 24 days. Is this correct?

OP posts:
dementedpixie · 01/10/2020 12:27

What days do you work as that makes a difference too

dementedpixie · 01/10/2020 12:33

19.2 is correct for a part timer doing 3 out of 5 days as â…— of 32 is 19.2
Depending on which days you work some of your entitlement will be used for bank Holidays but maybe not all of them.

You are getting paid for the bank holidays too just like full time staff are.

MolyHolyGuacamole · 01/10/2020 12:34

Ok simple maths: typical 28 day based on 5 days, including BH is 28/5=5.6 weeks.

Your workplace is 24+8 BH based on 5 days. So in other words, 24/5=4.8 weeks, PLUS BH.

So for you doing 3 days a week, that should give you 3x4.8=14.4, plus the BH that fall on your working days.

Seeing as you have been given 19, I'm assuming they've looked at the BH that fall on your working days and included it.

Does the workplace close between Christmas and new year? Because that's the only way I can see them including the BH already, as obviously the day Christmas/Boxing Day falls on changes. All the other ones fall on set days, and most are on Mondays.

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dementedpixie · 01/10/2020 12:40

Or even simpler maths:
24+8= 32
â…— of 32 = 19.2
The entitlement can be rounded up but not down

dementedpixie · 01/10/2020 12:42

If you work Mondays or Fridays then 7 of the Bank holidays in 2020 fall on those days so would come off your holiday allowance. The only 1 that wasn't Friday or Monday was 1st January which was a Wednesday.

mrsm43s · 01/10/2020 12:44

You are only entitled to 3/5 of the bank holidays as you only work 3/5 of the week. You are not entitled to all of the bank holidays, only a pro-rata amount.

So you are entitled to 19.2 days in total INCLUDING bank holidays. (3/5 x 24 days plus 3/5 x 8 BHs). Any bank holidays which fall on your working days need to be deducted from this allowance as you are not working them and your BH allowance is already included in the 19.2 days.

If your work pattern means that all 8 bank holidays fall on your working days then your work is right (this is usually more likely if you work Mondays and Fridays). They shouldn't be deducting a days leave for any bank holidays that fall on your non working days.

daisypond · 01/10/2020 12:45

19.2 days is your whole entitlement, including bank holidays. It’s 3/5 of 32( 24 leave days + 8 bank holidays). Your bank holiday entitlement is usually done as a ratio the same way as your leave. You aren’t entitled to 8 days, you get 3/5 of 8. But some contracts may vary regarding the bank holidays.

Original poster
Ifonlyihadknown79 · 01/10/2020 13:09

Holiday year runs from April 1st to 31st March. I work a Monday, Thursday and Friday
Closed Christmas Day, Boxing Day and New Years day.
Sorry news to postingSmile

OP posts:
Original poster
Ifonlyihadknown79 · 01/10/2020 13:15

My whole entitlement is 19.2 which includes my pro rata bit, what I don't get is that she then takes 8 off for B.H days??
Sorry to be a pain.. its not like we even open for that B.H

OP posts:
dementedpixie · 01/10/2020 13:20

You have picked totally the wrong days to work as due to working Mondays and Fridays you essentially lose those days from your choice of holidays. The 8 Bank Holidays from April 1st this year until March 31st next year are all Monday or Friday so your employer is correct to deduct them from your holiday entitlement. You should be left with 11.2 days holiday days of your choice.

grumpytoddler1 · 01/10/2020 13:21

That sounds right to me, at my work you have to use your entitlement for the bank holidays but it is pro rated, so I work 4 days a week and I only get 6.4 days for bank holidays even though there are 8 of them. Unfortunately due to the days you work it sounds like you've ended up having to use some of the normal entitlement for bank holidays. Can you change your working days? I don't work Fridays so for me it worked out OK.

dementedpixie · 01/10/2020 13:23

If wouldn't be an issue if you were working Tuesday, Wednesday, Thursday for example as then you wouldn't need to use any bank holidays and would have the choice of when to take all of your days holiday. Working Monday and Friday gives you less choice as to when you get to take your holidays but you still get the same amount of holidays as full timers but pro rata

Spam88 · 01/10/2020 13:30

Sounds correct. You're entiltled to 3/5ths of the annual leave entitlement and 3/5ths of the number of bank holidays for the year. You then need to use a day of leave for any bank holiday that falls on your working days, which unfortunately for you is all 8 of them this year. The fact your workplace is closed is irrelevant, everyone still uses leave entitlement to cover it. This is part time employees being treated equally, if bank holidays were just given as they fell then someone who worked Tuesdays and Wednesdays would get less time off than someone who worked Mondays and Fridays. And someone who worked the pattern you do would be quids in because, pro rata, you'd be getting more leave than full time workers.

It is rubbish though and is why I chose Mondays as my day off.

Sophiesdog2020 · 01/10/2020 13:42

if you were working Tuesday, Wednesday, Thursday for example as then you wouldn't need to use any bank holidays and would have the choice of when to take all of your days holiday.

Not quite true, she would have to cover the Christmas BH days (xmas day, Boxing Day, NY day) from her entitlement when they fall between Tuesday and Thursday but any not needed should be part of allowance to be taken whenever.

I work Tuesday - Thursday, get pro rata BH days of 4.8, but only need to take 3 max each year for Christmas, some years are less when Christmas BH days don’t fall on my working days.

Op, lots of my colleagues have moved away from working Monday and Friday so they get extra holiday from their BH entitlement. Is changing your working days an option?

Sophiesdog2020 · 01/10/2020 13:47

and @Spam88 is correct, this is PT staff being treated equally.

When I first started PT 22+ years ago, I didn’t get the pro rata entitlement, just the BH days off that fell on my working days, which was 3 max per year.

dementedpixie · 01/10/2020 13:47

But Christmas day, boxing day, new years day this year are all Monday or Friday so this year's bank holidays will all be deducted. The days may differ next year but I was talking about this year

daisypond · 01/10/2020 13:57

@Ifonlyihadknown79

My whole entitlement is 19.2 which includes my pro rata bit, what I don't get is that she then takes 8 off for B.H days?? Sorry to be a pain.. its not like we even open for that B.H
Yes, that’s right. In just the same way that full time staff have to take 8 days off their total entitlement for bank holidays. They don’t have the choice either.
EasterIssland · 01/10/2020 14:03

2 easter
2 may
1 August
2 xmas
1 New Years day

that's 8 days

AlexaShutUp · 01/10/2020 14:13

Yes, it's fair. If they gave you all of the bank holidays off without deducting from your pro rata entitlement, then you would be getting proportionately more paid time off than full time staff.

Chasingsquirrels · 01/10/2020 14:32

The majority of other posters have explained the calculations and application.

The fact that your employer isn't open is surely the point - you aren't working that day so need to use a days holiday, as do full time workers. If they were open you'd be working.

Your employer is entitled to dictate when you take all of your holiday, with the appropriate notice.

riddles26 · 01/10/2020 14:33

As many others have said, it is completely correct. You are disadvantaged with BH because Mon and Fri are both your working days so although your BH allowance is 4.8 days, a minimum of 5 days will be taken from your leave balance every year for BH, and upto 8 days of Xmas, boxing day and NY fall on your working days.
I work Mondays and PT too and it is a huge pain, especially when I pay childcare fees for it but have children at home on top of it eating into annual leave. It is definitely the fairest way though

daisypond · 01/10/2020 15:09

If you want more choice as to when you take your leave, it’s better if you don’t work Mondays. The amount of leave you get is the same, though.

garlictwist · 01/10/2020 15:29

You should get the holiday allowance pro-rata and also the bank holidays pro-rata. So if you work 60% FTE, you should get 60% of the bank holiday entitlement added to your annual leave. For some of the bank holidays you will have leave taken away from your entitlement.

garlictwist · 01/10/2020 15:30

That means it makes no difference at all if you work Mondays or not, everyone is treated fairly.

nicknamehelp · 01/10/2020 15:34

work closed you off and getting paid means you are getting your bank holiday entitlementm

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