Am I being shafted? Annual leave entitlement ..

[NexusSix]

No traffic response in Chat so I'm trying for a less dull, more catchier title this time in AIBU. I really need some views/help on this please!

I work part time, 20 hours a week, 4 hours a day. I started 5th Jan this year. I have to return my employment contract tomorrow so I hope someone can just advise me on a couple of points, to reassure me they sound standard. The company has a a dreadful reputation, high staff turnover, etc so I don't want to be duped.I'm a lone parent so I'm trying to figure out which days to book off to save me childcare costs.

Bank holidays
Bank holidays will be paid provided you've worked the last normal day preceding the bank holiday and have worked the next normal working day immediately after.
Does this mean if I book a day's holiday either side of a bank holiday to make a longer weekend for myself, I will lose a day's pay, as they won't pay the bank holiday?

Annual Leave Entitlement
Entitled to 4x your weekly contracted hours (mine are 20) worked as annual leave per annum. You are not able to use this entitlement until you have completed your probation period (13 weeks. I'm currently 4 weeks in). During your first year of employment your annual leave entitlement will be in proportion to the number of completed months worked.

Small print elsewhere also states probationary periods can be extended at the manager's discretion until as and when they decide to confirm my offer of employment.
Does that mean they can keep extending the probationary period so that I don't receive holiday entitlement?

atticus I hope you don't mind me asking it you sound knowledgeable : it states I am 'entitled to 4 times your weekly contracted hours on full pay I addition to bank holidays'.

So would that then make it the full 5.6 weeks and that the contract isn't so much out of date but worded wrongly?

For clarity, the company boss has been involved in some kind of financial controversy before, so I really do want to check my contract is ok.

I am reading this with much interest as I do not live in the UK and the legislated leave entitlement you receive makes me drool with envy.

Here, in Canada, we receive nothing in the first year of employment, and 2 weeks (4% of income paid as taxable income - which may be requested as an adjunct to a paycheque or as sole pay during a period of time booked off) after that. Paid sick time is an exception, not a rule. It is rare in non-unionised employers.

However, with regard to bank holidays, it is very similar. In our case, you must work the scheduled shift prior to and following the holiday in order to receive pay for the day in question. The day is paid out based upon an average of hours worked per shift over the prior four weeks.

I hope you can find out (with confidence) what your answer is, and feel compelled to commend you for staying with an employer with such an unfavourable reputation. A work ethic like that is sadly becoming less and less common.

I get 25 days a year (work full time). That's not 5.6 weeks?

Chrome is the company you.work for closed on bank holidays? A lot of firms still go down the 20+8 route, with the 8 being bank.holidays so 4 weeks to do what you please with. If you're on 25 with Bank.Holidays to come out of that then your holiday allowance is not in.accordance with current gov requirements.

chrome - do get bank holidays off too? Many employers offer more than the statutory minimum so really you get 33 days (6.4 weeks) not 25. Does that make sense?

it states I am 'entitled to 4 times your weekly contracted hours on full pay in addition to bank holidays'

That implies to me it is right and in line with the law, as it's adding the BH to your entitlement.

Is there anything in the Staff Handbook about working BH? The way the above is worded implies that you wouldn't work bank holiday but I have a suspicion that if you were in rota to work, you'd be expected to and then take that time back somewhere else like PP's have said.

so does OP get the full 5.6 wk entitlement even though she is working only slightly more than half-time? seems v generous?

5.6 weeks of her normal week of 20 hours; not of the full time equivalent hours (37.5 or 40). for example, I work 4 days a week. I still get 5.6 weeks off, but my working week is 4 days so the calculations are based on that and it works out at 4.5 weeks or 22 days. Does that make sense?

angeltulips as the OP only works 4 hours 5 days a week it will work out OK for her. However I always advise employers to calculate holidays in hours for part-timers to avoid this confusion.

If they shut for Christmas you will need to save hours/days for this is 40 hours, if a business closes for bank holidays they can deduct them from annual leave, , if you work a bank holiday you can take the day another time.

It is perfectly legal to say you can't take your annual leave in first 3 months you agree accruing leave it will just all be taken in remaining 9 months of the year.

Yes on that wording OP you are getting your full entitlement since there are eight bank holidays. Those plus your four weeks takes you up to 5.6 weeks (at 20 hours).

Remember this will be pro rated due to the fact that you only work 20 hours and you still need to keep back the shutdown days.

The bit about only being paid for bank holidays when you work the day before and the day after is out of date .

Actually technically on that badly drafted clause you seem to be entitled to 4 weeks at 20 hours plus full pay for the eight bank holidays (thus giving you more than your 5.6 weeks) but this is a drafting error and very unlikely to be intentional. They need to get their contracts sorted out.

In your position, given this wording, I would assume that they don't operate that part of the contract but if they are ever then funny about your pay you can approach them and point out the error and your legal entitlement.