Holiday entitlement calculation

[finduskrispycreme]

I leave job in a couple of weeks, not my choice but I've held head high and carried on working hard since I was told I'm going.

Jan/Feb were so hard, trying to help DC but also going in to work each day. I tried really hard to balance things but am ashamed work 'won'. I used up all my holiday so I could be home as much as possible but it wasn't enough and kids struggled massively.. My job was precarious and I didn't want employer to have reason to get rid of me but they did anyway.

My issue is that I realised my holiday has been calculated incorrectly. I work 5 days but less hours (6 vs 7.5). I believe I should have 23 days holiday as per contract but have only been given 18 days. My argument is that I'm 'paid' 6 hours when on holiday, not 7.5.

Aibu? Happy to be told I'm wrong but currently feeling so upset that I had another weeks holiday I could have used when I really needed it last month.

If full time in your workplace is 5 days a week and you work 5 days a week, you should get the same number of days as the full timers, and get the same daily pay whilst off as whilst working (which would be less than a full timer).

As far as I know, they are not allowed to pay you at the full time rate whilst off and give you fewer days (not that you said they were doing this anyway).

So the only reason could be that you haven't accrued a year's worth of holiday yet. Does the year run Jan to Jan or is it some other arrangement, and how long have you been there?

Just ask if unsure.

They don't need to do it in hours if the OP works the same number of hours 5 days per week. Working it in hours is more for where they work different hours or a shorter week.

If OP works 5 days she gets the same entitlement as full time staff but gets paid for a smaller number of hours

If a ft member of staff works a 7.5 hour day then they would be entitled to 172.5 hours holiday (23 days @ 7. 5 hours). Because you work 6 hors per day you would get 138 hours ( 23 days @ 6 hours).

You work 0.8 of a full time ne equivalent therefore would get 0.8 of full time holiday allowance.

I think the confusion has come because they have worked your hols our in hours and then converted to days but used a 7.5 hi day for the calcinstead of your 6 hour day.

So many mistakes, too many to correct but I hope you get the gist!

Thank you for confirming my suspicions. I'm gutted because really needed this holiday to homeschool.. I don't need it now, nor likely to be able to book it off anyway as leaving.

It will be a difficult conversation as the owner can't deal with being wrong - I think the reason I'm being let go is that I pointed out errors in my pay (wasn't paid for 2 weeks work) and he's never forgiven me for such audacity.

OP if you suspect that is the reason for your dismissal, please take advice from an employment lawyer. You may have a claim for unfair dismissal. Also check your employment contract re holiday calculation and the .gov calculator.

OP what are your contracted weekly hours, you've said you work 6 hours, 5 days a week but later you say you only get paid for 5.5 hours, is there a 30 minute unpaid break during your working day? If that's the case then you will be paid for 27.5 hours per week and your annual leave allowance will be 126.5 hours. However many days they decide to calculate it as they owe you that amount of time off with pay.

Sorry for confusion - contracted hours are 30 - 5 X 6 hours (unpaid lunch) per week. I used to do 5.5 hours and was looking back at old contract / emails to see if it specified leave entitlement calculation anywhere and wrote wrong thing.

Then MonsterChopz calculation is correct and you are due 138 hours holiday plus bank holidays.

138 hours holiday = 23 days which is what we already said was correct. There's no need to do it in hours if OP works the same number of hours each day and works 5 days per week

You should get 23 days at 6 hours per day. When does your holiday year start ? Eg if it started in June and you left in March you would not receive the full years entitlement

It's a full year.

If they don't get the correct entitlement there's a way to report it, I think you'll find it on the ACAS website, you can do it after you've left.