Holiday Entitlements

[Ifonlyihadknown79]

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?

It does make a difference when it comes to the choice in when to take holidays though as if you work Mondays a larger proportion of holiday days will be used up than if you worked a different day.

@garlictwist

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

It does make a difference. The OP gets more choice when she takes her leave if she doesn’t work Mondays. That’s the advantage over full-time staff. They have no choice. They have to take those BH days off as leave. If the OP works Mondays as a part timer, she is in the same position as the full time staff.

I work 3 days a week, I work on Bank hols and I get 17 days hol a year, (5 1/2 weeks)

Your holiday entitlement is 19.2 days including 8 bank holidays. If bank holidays fall on a normal working day for you then you have 11.2 left to take, as long as the 8 days are being assigned to you as paid holiday days and not removed from you as an unpaid entitlement!

Most employers would round this up to 11.5 but their calculation is correct.

I used to work 0.5 of a week with 25 day holiday entitlement and 8 bank holidays pro rata so my holiday entitlement was 12.5 days and 4 bank holidays. As my normal day of work was a Monday I obviously had Easter Monday, the two May bank holidays and the August bank holiday making four. If Christmas Day, Boxing Day or New Years Day fell on one of my normal working days (Monday, Tuesday or alternate Wednesdays) theoretically those days should have been taken from my holiday entitlement but my lovely employer never did so. So you should have 3/5 of your normal holiday entitlement and 3/5 of the 8 bank holidays per year.

Yes it's in proportion and fair. This is one of the things about working part time

This may seem unfair OP, but it is how bank holidays are handled for part timers at my workplace too. You have the right amount of time off in total (3/5 of the amount that the full time workers get) but you get less choice about when to take your days.

If you are contracted a Monday then work are correct.

There are 8 BHS. You are entitled to (for example) 4 of them.

So for 4 of the BHS you are paid for not working as is the same as everyone off that day.

The other 4 you need to cover using annual leave as you are not entitled to an additional 4 paid days.

It's never worth working Mondays if PT.

A reason it can be hard to get your head around is that you may be used to thinking of bank holidays as additional “free” days of leave on top of your annual leave allowance-which isn’t accurate. It’s more accurate to add the bank holidays and normal leave days all together just as “leave”. There is only one pot of leave, not a pot of annual leave and another pot of bank holiday leave.

If your entitlement is 11.2 days after BH then you should ask them to make it 11.5. You can't take 0.2 of a day and they are not alllowed to round it down. They may owe you for previous years too.

Yes, you are entitled to the 0.2. I can take 0.2 of a day at my workplace. Even if you just use your leave by going home early by an hour and a half one day, whatever it works out as, that time is yours by right.

Thanks everyone it is a lot clearer now.
I just couldn't get my head round full time staff gets 24 days plus all the b.h. The 24 days equal 4.8 weeks off to take when they want where as I get 11 days which equals to less that 4 weeks to have off as I need to use 3 days to get a week off. Hope this makes sense

Remember, you also get your Tuesdays and Wednesdays off every week. I know you’re not being paid for them but it can help put it in perspective. That’s another 104 days “off” a year, in addition to the 19.2.

Your employer shouldn't be taking 8 off to cover the BHS.

daisypond

That's a really crap perspective. Her pay reflects this.

@BernadetteRostankowskiWolowitz

Your employer shouldn't be taking 8 off to cover the BHS.

Yes they should as they are all Monday and Friday (the days she works) in the holiday time period

@BernadetteRostankowskiWolowitz

daisypond

That's a really crap perspective. Her pay reflects this.

I said that her pay reflects it. I know it does. Her concern is not about the pay, it’s about the amount of time off she gets.

Ahh I thought you meant that you get 19 annual leave (ignoring bank holiday entitlement) but that's combined:-

If you work 60% of the hours then you get 60% of the annual leave and 60% of the BHS.

Annual leave 24days x 60% = 14.4 days
BHS 8days x 60% = 4.8 days

Total 19.2 days.

So you use the 4.8 to cover BHS, then need to use 3.2 to cover the remaining BH time. That leaves 11.2 to use as you like.

Could you offer to work an additional day in the week on BH weeks to be able to "save" that leave?

@Chasingsquirrels

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.

This is an important and underrated fact of holiday allowance law.

If your workplace shuts on a BH that is ALL staff getting a holiday, and it comes out of every staff member's allowance. If you were able to move your days, you could make up the days (we allow this for PT staff who don't need to be in a particular day).

But you can still book 5.6 full weeks of holiday. To have a full week off Monday to Friday you only need to book 3 days. That's why you have 3/5 of the allowance, because if a FT member of staff wants to have a full week, they have to book 5 days.

I'm even more confused😂 doesn't take a lot to confuse me these days🤣🤣