Can someone work out holiday entitlement please

[Tootsey11]

Son is currently working through a recruitment agency. He is disagreeing with the agency on his holiday entitlement so I would appreciate anyone working this out for him.

He started work on the 23rd of Feb this year. Normal work is Mon - Fri. 37 hours.

The following is what is stated on the agency website regarding holidays.

"Temporary workers are entitled to a minimum of 28 days (Inc Bank Holidays) paid annual leave per year pro rata (based on a 37 hr week). This equates to approximately half a day annual leave /holiday pay accrual for every full week worked. You need to accrue holiday pay to cover all annual leave including Bank Holidays and company closures".

He has worked 32 full weeks, and 4 half full weeks. The 32 full weeks give him 16 days holidays. Is that correct? Up to today he has taken 10 days paid holiday, so should have 6 days left up to today. The agency is saying he has only got one day left of paid holiday. I think they are trying to play him and are insisting he has only one day.

Can someone tell me am I right or wrong.

He's entitled to 18 days leave

Has he take any bank holidays on top of his leave?

The days he has taken are: Easter Monday and Tuesday, Mon 1st May, 5 days in July, Mon 30th and Tuesday 31st October.
10 in total.

Depends exactly on terms and condition's

Basically bank holiday entitlement only falls due when still employed overnight the bank holiday .

Therefore he has worked 34 weeks. Over that period there has been 5 bank holidays which he should get in entirety. Therefore he net leave entitlement should be 20 days divided by 52 x 34= 13.07 days. The 5 bank holidays are then added in which would total 18.07 days.

When does their annual leave dates cover. If April to April it would be less. If Jan to Dec it should be more.

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

Can you use this calculator

How many bank holidays have there been? Possibly up to 6?

The company only took the first May day bank holiday. I don't know when the leave year starts, whether it is April to April or Jan - Dec.

"The days he has taken are: Easter Monday and Tuesday, Mon 1st May, 5 days in July, Mon 30th and Tuesday 31st October.
10 in total."

Has he also had April 7th (good Friday), May 8th (coronation bank hol), 29th May (Spring bank hol), 28th August (summer bank hol)?

I agree surely it's 18 days, with those bank holidays too he will have 4 days left. If he has accrued 16 days leave he will have 2 days left.

Does two half weeks = one half day leave?

Oh cross posted

I think the half weeks don't count for anything.

Half weeks should definitely count.

Was he paid in full for the two half weeks? As that would account for the missing 5 days if so.

He had 4 weeks not counted as full weeks. The 3 days after Easter Monday and Tuesday was a half week. He got paid to work the 3 days Wednesday, Thursday and Friday, and got paid for the Easter Monday and Tuesday as 2 holidays.

Last week was a half week as he was off on holiday for last Monday and Tuesday but worked the rest of the week. What I was taking from the website is that if you were not at work for the full week then it did not count. Maybe I'm wrong.

The 'half weeks' sound wrong.

Even if you're not at work because you're on leave or it's a BH, you're still employed by the company, still accruing holiday and should receive full pay for the week, but use some of your holiday allowance obviously.

The half well thing is nonsense. Imagine if eh worked 3 days a week every week of the year - he would still accrue annual leave!

So instead of 32 full weeks he has 34. So 17 days, if running from January to December or 29 weeks, 14.5 days. if running from April.

He needs to find out when the year runs from. He needs to get this right so he can ensure he gets what he is entitled to. They are trying to run rings around him, it's his first job and they know he is quiet and won't generally speak up when it comes to things like this.

What size company is it? It sounds unlikely they'd take advantage of one particular employee and the more experienced ones would likely know their rights and speak up if they're being taken advantage of.

Is there a union he can join?

@Tootsey11 the “half weeks” are bullshit you accrue leave whilst on leave so are full weeks for calculating holiday entitlement.

But there is also Good Friday and the second May bank holiday and the Coronation bank holiday that would need to be covered, as well as the August bank holiday so that’s 4 more off his entitlement. So at most that’s 14 days of his holiday

OK so all weeks are full weeks, right from when he started?

@BarbaraofSeville , he works at a company via an agency so works through their terms.

@Tootsey11 he gets 28 days inc BH, the wording is key.

He started on 23/02/2023 , a Thursday, but we don’t know his leave year start/end.

23/02/2023 to 09/11/2023 is 37 weeks or 259 days. Personally I would use the calculation 28 days / 365 x 259 = 19.87

Then you deduct all BH he did not work and any leave. So potentially GF, EM, MD, Coronation, SBH, ABH plus 8 days leave (Easter Tuesday, 5 days July and 2 October) = 14 days so 5.87 days left.

The additional question I have is whether or not they have pre-deducted the XD, BD, NYD BH plus any Christmas closures? It is not untypical to deduct all BH at the start of the year so 28 days less 8 (9 in 2023) BH = 20 (19 in 2023) days for the year?

@Sisterpita thank you for your reply. He is going to email the agency this evening to find out when the holiday leave year runs from and to to ask how they calculate the entitlement. The company only got one bank holiday off, 1st of May, that's it. They all were at work on all other Bank Holidays.

I will update in a few days time, I really appreciate your help.

I did wonder about BH. I will wait for your update.

Is he required to work bank holiday? Does he get them off as standard or does he need to use annual leave on them?