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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to expect to keep my full holiday entitlement?

380 replies

namechange0998776554432 · 26/10/2022 14:53

I've just applied to change my hours at work so I finish at 3pm every day, meaning I now work 80% of my full time hours. I was previously entitled to 25 days holiday but they're saying that will reduce to 20
(I.e. 20% less). I understand the logic, but I'm still working every day and losing a whole week's holiday is going to be pretty significant for me. The reason I'm cutting my hours is because I have no childcare outside of school! My pay is already reducing by 20% so taking a weeks leave from me on top seems unfair.

Surely, since in each day I work 20% less hours, when I am on leave I am also taking 20% less leave. So, I should still get 25 days (but am taking 20% less hours each day). I already argued this to HR but they refused, and sent me a policy which very clearly states the calculation and says if you're part time on e.g. 80% hours, you get 80% leave even if you work 5 days a week. This seems wrong to me but they refuse to give in.

Has anyone else been in a similar situation and managed to argue successfully? Am I being unreasonable to expect a bit more from a company who claims to support women who need flexible working arrangements?

OP posts:
Piggieinthemiddle · 26/10/2022 17:50

This is an interesting thought. It’s worth asking if this is the case.

Piggieinthemiddle · 26/10/2022 17:51

LizzyBennett · 26/10/2022 17:44

Are they perhaps going to pay you for a full day rather than 80% per annual leave day? So that if you take a week off you get paid more, but have less days? It's the only way I can see that it would work...

Sorry I meant to quote this. It’s worth asking if this is the case.

WimbyAce · 26/10/2022 17:51

You just need it done in hours when you are part time. Ours is done in hours and bank hols included so when bank hol falls on a normal working day we have to take it out of entitlement.

BaffledShopper · 26/10/2022 17:52

Razu45 · 26/10/2022 17:39

Given your “logic” OP

I ma gobsmacked you are in any kind of employment whatsoever.

You can't argue with basic arithmetic! OP is entirely correct.
Unfortunately mathematical illiteracy is rife and is treated as something of a joke. ("Oh, I'm terrible at maths, hee hee hee"") (etc) so we end up with people in positions of responsibility trying to pull off stunts like this.

Razu45 · 26/10/2022 17:52

Good luck to the HR department trying to decipher what the Op really means based on her op

LizzyBennett · 26/10/2022 17:54

Sorry - I wasn't clear. Are they intending on paying you more for the annual leave you take - so they pay you for a 8hr day instead of a 6hr day, for example, on the days you take annual leave.

I wasn't suggesting that they pay you more all the time, just for your annual leave.

Nottodaty · 26/10/2022 17:55

I did roughly the same but it was based on hours.

Same now I only get 0.8 of the 25 * 7.5 = 187.50 = 150 hours. (20 days) if I book a week off I don’t include the day I have as leave already. So it all works out ok.

Think of it as hours - a week off - 6 hours a day a week is 30 hours. you are only booking the hours you want off.

They just need to work in hours not days.

Bournetilly · 26/10/2022 18:00

You are right, you still get the same number of days.

Princessglittery · 26/10/2022 18:00

@GreyElephantsWearingYellowPyjamas @Razu45

I am confused why you think the OP is being cheeky.

To be clear I am an HR professional with over 30 years of working out part time leave entitlement and all the OP is asking for is her legal and contractual entitlement. Her employer is acting unlawfully.

please can you explain the legal basis you are using.

dementedpixie · 26/10/2022 18:02

It doesn't need to be calculated in hours if OP is working the same hours each day. If she works 5 days then she should get the same holidays as full time staff but her day off will just consist of fewer hours than their day off.

Princessglittery · 26/10/2022 18:03

Razu45 · 26/10/2022 17:52

Good luck to the HR department trying to decipher what the Op really means based on her op

The OPs post was clear to anyone who knows about leave calculations. The problem is so many people, including HR, are useless at basic maths.

Eloise38 · 26/10/2022 18:04

OP you're absolutely right - you should be entitled to the same number of days, it's just that your days are shorter therefore the amount of pay you receive per day is less. Well done for not rising to the bait of the thick posters who don't understand.

dementedpixie · 26/10/2022 18:04

GreenFingersWouldBeHandy · 26/10/2022 17:50

So your new hours and new salary are 20% less, but you want to keep 100% annual leave?

What is wrong with your brain? Would you like 120% pension?

She is entitled to the same number of days but her day off will be shorter than that of a full time member of staff. She is asking for her legal entitlement not anything extra

DreamingOfSoftWhiteSand · 26/10/2022 18:05

SardineJam · 26/10/2022 14:55

Genuine question, why do you believe you're eligible for 100% holiday when only working 80%? What made you think it wouldn't change?

Thanks for asking this question - no idea how anyone could expect what the OP is expecting.

healthadvice123 · 26/10/2022 18:06

As you work every day it would be same days
I used to work over 4 days so my leave was in hrs
I worked 32 hrs a week so got 5x32 hrs but if I fook whole week off i only used 32 hrs where as full time colleagues used 40 hrs / 5 days

dementedpixie · 26/10/2022 18:06

DreamingOfSoftWhiteSand · 26/10/2022 18:05

Thanks for asking this question - no idea how anyone could expect what the OP is expecting.

Then both of you are asking a really stupid question!

Dinoteeth · 26/10/2022 18:07

dementedpixie · 26/10/2022 18:02

It doesn't need to be calculated in hours if OP is working the same hours each day. If she works 5 days then she should get the same holidays as full time staff but her day off will just consist of fewer hours than their day off.

Exactly the holiday pay for a day will already take into account her reduced hours.

BaffledShopper · 26/10/2022 18:07

Princessglittery · 26/10/2022 18:00

@GreyElephantsWearingYellowPyjamas @Razu45

I am confused why you think the OP is being cheeky.

To be clear I am an HR professional with over 30 years of working out part time leave entitlement and all the OP is asking for is her legal and contractual entitlement. Her employer is acting unlawfully.

please can you explain the legal basis you are using.

Of course, we are assuming the OPs company only gives the statutory holiday allowance.
If they give extra holiday contractually but this benefit is limited to full time workers, then that is another story entirely.
Am I correct @Princessglittery ?

dementedpixie · 26/10/2022 18:09

For the thick people on the thread!

OP works 5 short days
She is entitled to 5.6 weeks worth of holiday just like any other person working 5 days.
Her day off is not the same number of hours as a full time member of staff so she is not getting more holidays than she is entitled to

Heyahun · 26/10/2022 18:09

Yeah same number of days cus you are only booking off 5 hours a day rather than 8 (or whatever it is you work)

BaffledShopper · 26/10/2022 18:11

We are also assuming OP is in the UK. However, she said her full-time holiday allowance is 25 days per year, so she must be elsewhere as the statutory minumium in the UK is 28 days…

Princessglittery · 26/10/2022 18:11

BaffledShopper · 26/10/2022 18:07

Of course, we are assuming the OPs company only gives the statutory holiday allowance.
If they give extra holiday contractually but this benefit is limited to full time workers, then that is another story entirely.
Am I correct @Princessglittery ?

Giving full time employees occupational leave and not part timers is unlawful and discriminatory.

Legally employers take the full timer entitlement and pro rate using a fair process - one that stands up to scrutiny.

topcat2014 · 26/10/2022 18:11

The problem OP is that you assumed HR could do numbers..

You got five weeks before and you get five weeks now. It's just that your days are shorter.

Maybe you need to ask your finance dept to explain to HR..

Oblomov22 · 26/10/2022 18:12

They've got it wrong. Your holiday should be pro-rata'ed so that you still get 3 days, just say 6 hours instead of 7.5 hrs.

Boomboom22 · 26/10/2022 18:13

And there is your answer op, a whole load of pp just as dense as your hr dept. 🤣🤣 obviously it needs to be in hours.
Rather worrying at least 5 posters have completely misunderstood and worse tried to laugh at you. It is rather basic maths and very clear you don't want extra.