Nannynick & co - Pls advise....very quick question...thankyou

[nannyof20years]

Quickie...

I work for as a nanny for 10 hours a week (I do work elsewhere but for this family I work just this short amount)

Employer is saying I get 62 hours annual leave according to Government website (I haven't checked that bit yet) BUT she is also saying that if I want to take the Bank hols off, this needs to come out of my allowance or that I need to make up these hours if I choose not to use my annual leave allocation.

I've been nannying for 20 years, am NNEB, Ofsted, take my role incredibly seriously (which employer has acknowledged) etc....

I assume her request is legit....I would appreciate confirmation before I go in like a bull in a china shop!

Thankyou.

5.6 weeks x 10 hours = 56 hours. Not sure where your employer gets 62 hours. They may have used the Casual method (see link below), which is 12.07% of hours worked. I'm not sure which would be the correct method but as 62 hours is more than 56 hours... go with what your boss says.

Statutory minimum holiday (5.6 weeks) can include Bank/Public holidays. So yes, those can be deducted from the allowance, as per the usual number of working hours that would have been done on that day if it were a normal working day. Do you work a lot of Mondays?

Calculating Holiday Entitlement

My thinking, from here is 56 hours.
This is not in addition to bank holidays, so she is correct that bank holidays are part of this holiday allowance

It is up to the employer whether or not to include bank holidays as part of your holiday allowance. What does the contract say?

Using the 12.07% method, I make it:

For each 10 hour worked, you get 72.6 minutes holiday.
So 72.6 x 46.4 (52-5.6 - as holiday does not accrue whilst on holiday) = 3368.64 minutes = 56.144 hours.

If doing that calculation and instead of multiplying by 46.4, multiply by 52, then I get 62.92 hours.

So I can't get exactly 62 hours. 56 hours or 56.144 hours I can get. So as long as you are getting at least 56 hours of holiday then I feel it's fine.

i make it 56hrs - 5.6 x 10

so in your case just over 5 and a half days, so she may round up to 6 so be 60hrs

there are always at least 4 mondays bh a year 2 may/1 aug and easter but depending if xmas day and nyd also fall on a monday may mean that you will perhaps one year only get bh off and no actual holiday from them iyswim

Bank Holidays Table may be helpful in seeing which bank/public holidays in the coming couple of years will fall on your working days.

If you need to find the day of the week from a date, this calculator will do that. For example, 25 December 2013 is a Wednesday.

Shouldn't this have been sorted out before you took the job?

There's a few things confused here...

First of all, the 12.07% allowance (which is what your employer has clearly tried to use) only applies if you actually work 10 hours a week, so if there is a bank holiday or you take holiday you always have to make the hours up so that you work a total of 520 hours in the year. In this case you should be paid for an additional 12.07% hours (which cannot be rounded down to 62, it can be rounded up to 63).

But from what you say it seems that your normal week is 10 hours, and if you take holiday then you don't make the hours up. In this case, 5.6 weeks (56 hours) is the minimum. This does include bank holidays, so you want a bank holiday off this will use up however many hours you normally work on that day.

My hours have changed hence my asking.
I work every Monday, yes.
Thank you everyone who was kind enough to answer - I have my answer.