Annual leave entitlements

[tappingout]

I'm hoping someone here can help.

I've been with my employer for 7 years. Each year, my annual leave entitlement has been calculated using the GOV website calculator (5.6 weeks) then bank holidays are deducted from this.

This year my boss has said they will not be taking bank holidays from staff, and will calculator hours leave 4x what you work a week, plus bank holidays.

I don't work Mondays, so will now only get 4x my weekly hours, meaning I will be getting a lot less yearly entitlement.

Is this right?

Yes it's normal. I have a few mums at my job who dropped a day when they went back to work and that's how their AL is calculated. You were lucky you were getting the full entitlement before.

You should get 5.6 weeks worth of holidays regardless of whether you are part time or not

E.g. if you work 3 days you'd get 3 x 5.6 = 16.8 days

If you work 4 days you'd get 4 x 5.6 = 22.4 days

Staff working 5 days get 5 x 5.6 = 28 days which is the legal minimum number of days they should offer

@dementedpixie is right. I don't understand what your employer thinks they are doing. If they are giving you 4 weeks holiday plus any bank holidays that happen to fall on your working days, they are giving you less than the legal minimum.

This was my thinking too as I understand it as 28 days pro rata.
On the government page is states 5.6 weeks a year is your entitlement regardless of what days/hours you work.

I get for the other staff 4 weeks plus bank holidays works in their favour, where as before they had their bank holidays deducted from their 5.6 weeks (perfectly legal) but for me and 2 others who don't work Mondays, to get just 4x our weekly hours is clearly not 5.6 weeks. I just wanted to check I've not got it wrong before I email with my concern and ask for a formal chat to go over where I feel it's wrong.
Does that make sense?

Yes, that does make sense. Go for it.

I do a 4 day week, so holiday entitlement is 4x5.6 which is 22.4 days. My contract states 4 weeks plus BH, with a minimum leave of 22.4 days.

You're legally entitled to 5.6 weeks, even if pro rata, so remind them of that.

Rereading your OP actually did your employer confirm that you'd be down days? Or is this your interpretation? Because I think you're maybe misunderstanding. You should get 20 days plus BH, assuming you work 4 days that's all the BH that fall on your working days.

If together those days add up to less than 22.4 days, you should e be given extra to make uk the days.

I prefer this arrangement as it means that extra BH like coronation etc are additional days and not taken from the allowance

It should be pro rata to be fair but not everywhere is

Hi OP so if you work part time you are entitled to pro-rata-ed B Hols.

Annual leave year at my place runs from July - June so this leave year there are 10 B Hols. Eight of them fall on a Monday.

You are entitled to 4/5 each year - as it happens this year (if you worked at my office) that is 8 days, of which you will only have taken two - Dec 27 and Good Friday.

Thus you would be entitled to an additional 6 days on top of your 4 x a week's days.

Of course this will change - we won;t have statey funes and charlie corry every year and Christmas will fall later in the week - in 2024 you will have Tuesday and Weds off for Christmas and Tuesday for New Year plus Good Friday as usual. But even then you would be entitled to another two and a bit days to give you 4/5 of eight days (= 6 2/5)

Of course if someone worked two days and they were Monday and Tuesday, they would end up owing the company days off!

@NotAnotherBathBomb you are incorrect.

The Working Time Regulations set the Statutory Minimum as:

• Regulation 13 = 4 weeks leave
• Regulation 13A = 1.6 weeks leave.
• No mention is made of Bank and public holidays.
• Part timers are entitled to pro rata
• Emoyets can specify dates on which leave must be taken - typically this is for BH.

A contract can state 28 days or 20 days plus BH. This can matter if as in 2022 and 2023 an extra BH is granted. In the later example you get extra BH in the former extra BH can be taken from the 28 days.

If the employer decides to give full time staff 20 days plus BH then the have to give pro rata BH to part time employees.

@tappingout explain to your employer they can choose to change the method of applying holidays from 28 days to 20 days plus BH but legally you are entitled to pro rata both days and BH.

So your entitlement is:

• 20 days / 5 x 4 days = 16 days
• 8 BH /5 x 4days = 6.4 days
• Extra BH for coronation 1 / 5 x 4 days = 0.8 days
• Gross Leave = 23.2 days
• Deduct BH falling on your working day e.g. GF = 1
• Net Leave = 22.2 days either round up to 22.5 or convert to hours.

If your employer resists this, comeback to the thread and I can post a worked example they cannot contest.

@Foreversearch

@NotAnotherBathBomb you are incorrect. I'm not, you've basically said the same thing I did, in different words.

The Working Time Regulations set the Statutory Minimum as:

• Regulation 13 = 4 weeks leave
• Regulation 13A = 1.6 weeks leave.
• No mention is made of Bank and public holidays.

I only motioned BH in the context of OP's scenario? Otherwise I'm saying exactly what you said. OP has to get the minimum legal entitlement to days, regardless of BH.

A contract can state 28 days or 20 days plus BH. This can matter if as in 2022 and 2023 an extra BH is granted. In the later example you get extra BH in the former extra BH can be taken from the 28 days.

I said this.

If the employer decides to give full time staff 20 days plus BH then the have to give pro rata BH to part time employees. I literally said this 😂

So our holiday is worked out in hours rather than days - she literally sat in front of me and said your annual leave is 4x your weekly hours. I said that it works out less than the government calculator of weekly hours x 5.6, and she said this is how we're doing it from now.

My colleague was told the same in the sense of its 4x your weekly hours plus bank holidays. So she will get 8 more days than me just because she works a Monday and I don't.

I'm going to speak to her again and point out I dont work Mondays so she needs to recalculate my entitlement based in the governments advise if it's your weekly hours/days x5.6

Absolutely. And show them this screenshot from Gov.uk to remind them that it's a legal entitlement. And use this to work out what you should be entitled to.

@tappingout forgot to I close the screenshot

Why do employers think they can get away with this!
OP go back to your boss armed with the info from the .Gov pages / ACAS advice pages and make sure they understand what they are doing is illegal.

@NotAnotherBathBomb sorry I obviously misread your post.

@tappingout If they work it out using hours all the better.

The best example to use is a job share where one employee works Monday, Tuesday and Wednesday AM and the other Wednesday PM, Thursday and Friday. Together they should get exactly the same hours as a full time employee and individually they must get 50% of the full time employee.

So its 5.6 weeks x your weekly hours not 4 x your hours or you are being treated unfairly as a part time worker.