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Holiday entitlement

32 replies

littlefireseverywhere · 17/04/2023 09:21

I've been employed for 3 years with the same company (it's a charity, but not relevant). My contract states as I'm part time that ' is allowed 15 days holiday (pro rata from 25 days full time) and Bank Holidays. I took that to mean that I could then have ALL the bank holidays plus my holiday entitlement. This is as it's been with my current manager too. They've now left and the new CEO of the charity, thinks that as I'm only part time I should get part time bank holiday entitlement. Where do I stand with this?

OP posts:
coffeeiswgatkeepsmesane · 18/04/2023 08:04

@prh47bridge fair enough, I work shifts and we are open 24/7 including bank holidays, our leave time is treated separately to bank hols, if you work the bank hol you get paid double but don't get the day back, you can't do that with the 'normal' leave days. Also because our shifts are longer than 8 hours, hour leave is calculated in hours.

A standard leave day is 5 x 8 hour days so our basic leave for new starters is 160 hours. (4 weeks of 40 hours) but because we are shift workers, If you book off 3 x 10 hour shifts you've used 30 hours of leave. So physical days it can often work out less than normal physical days as those 30 hours are only 3 physical days. So you have to be smart about booking time around shifts. It can be annoying as for example, to book a weekend off to attend a friends wedding , 2 days can wipe 20 or sometimes 24 hours off my leave entitlement.

CleaningOutMyCloset · 18/04/2023 08:16

I always thought that holiday entitlement for pt was worked out on an hourly basis depending on how many hours you worked. If your shift happened to coincide with a bank you'd get it off, but if not you'd get X amount of hours for each bank you missed ( hope that makes sense)

BirdIsland · 18/04/2023 08:21

Is 'Bank Holidays' a defined term in your contract? It's capitalised, so might be specifically defined somewhere, which would help you with the legal interpretation of your entitlement.

prh47bridge · 18/04/2023 08:26

CleaningOutMyCloset · 18/04/2023 08:16

I always thought that holiday entitlement for pt was worked out on an hourly basis depending on how many hours you worked. If your shift happened to coincide with a bank you'd get it off, but if not you'd get X amount of hours for each bank you missed ( hope that makes sense)

If the employee works irregular hours (i.e. their hours vary from day to day or week to week) then yes, their holiday entitlement has to be calculated in hours. Some employees do so even when the employee works regular hours, but the answer it produces is the same as calculating it in days.

Mortimercat · 23/04/2023 14:42

CleaningOutMyCloset · 18/04/2023 08:16

I always thought that holiday entitlement for pt was worked out on an hourly basis depending on how many hours you worked. If your shift happened to coincide with a bank you'd get it off, but if not you'd get X amount of hours for each bank you missed ( hope that makes sense)

Not at all. My last jobs have been part time, one was three full days a week and the other was mornings only, five days a week. No reason at all for my leave to be worked out in hours in either job. In the first job I was entitled to 60% of the days that a full time worker had and in the second job I was entitled to the same number of days as a full time worker, only my “days” are mornings only.

DollyLeggs · 09/11/2023 22:40

Many UK companies take the legal stance of the days per week you work x 5.6. So working 5 days per week x 5.6 = 28 days which includes bank holidays. If you should work 1 day a week then 5.6 days per year and so on.

prh47bridge · 09/11/2023 22:53

DollyLeggs · 09/11/2023 22:40

Many UK companies take the legal stance of the days per week you work x 5.6. So working 5 days per week x 5.6 = 28 days which includes bank holidays. If you should work 1 day a week then 5.6 days per year and so on.

Not sure why you've resurrected an old thread for this. However, that calculation only applies if full time staff get 5.6 weeks holiday, i.e. the legal minimum. Many organisations offer more than that. If full time staff get more than the legal minimum, part time staff must also get more than the legal minimum.

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