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Original poster

Holiday entitlement - very confused and demotivated

14 replies

milliemoomay · 19/03/2014 19:19

I seem to have a brain freeze in trying to calculate what I'm entitled to for the year and I've been getting lots of different answers depending on who I speak to. So I've turned to you savvy lot (should have done so at the start!)

Our standard holiday entitlement at work is 20 days + 8 days BH. I work 21 hours a week - 6 hours on Monday/Tuesday/Wed plus 3 hours on Saturday. According to the Gov.Uk calculator this works out at 117 hrs 36 mins (ie. 118 hrs) which tallied with what was noted on my 2014-15 leave card (84 hrs + 34 hrs for BH)

However, the company now insist that I will be getting only 108 hrs. So what I can't work out is why I've lost 10 hrs this year??

Btw, what may be relevant here is that I don't actually get the BH off as I have to work every day that I'm contracted. As we're an online company we don't close at all, except Christmas Day. As my normal working days are always a Monday, I work every Monday BH at my standard rate of pay, and indeed every BH if it falls on my regular working day.

Can anyone help please? When I contacted ACAS they said that I should be getting 22.4 days as I work 4 days a week (even though I queried this as it's not full days). I asked the operative twice and she said that's what the law says. Maybe I misunderstood, but if that's the case then I'm even more confused.

I then contacted CAB and they said that I should be getting 118 hours with or without BHs included as that's the statutory minimum.

Who is right?

Thanks

OP posts:
Ruebarb · 19/03/2014 19:45

When does the leave year start and finish and when did you start with this employer? It looks like you started the month after the leave year starts because what your employer is giving you (108 hours) equals 11/12s of 118 hours.

FatimaLovesBread · 19/03/2014 19:52

ACAS are saying the same thing, although because you work uneven days it's better to work in hours. But if you were to take an average day length I.e. 21/4 then it would be 22.4 of those average days holiday. Which is 118 hours

FortyFacedFuckers · 19/03/2014 19:56

How many hours would be full time in your company?

HolidayCriminal · 19/03/2014 20:10

Our standard holiday entitlement at work is 20 days + 8 days BH. I work 21 hours a week

What would a full time equivalent be for you? How many hours in a full time single working day?

Original poster
milliemoomay · 19/03/2014 20:35

37 hours a week is a full time equivalent.

OP posts:
Original poster
milliemoomay · 19/03/2014 20:37

Ruebarb, I've been at the company since Dec 2009, first as a contractor and then they made us all staff in July 2011. The leave year runs from 1st May to end April.

OP posts:
Piscivorus · 19/03/2014 20:39

Try entering your details in this

Original poster
milliemoomay · 19/03/2014 20:41

How many hours in a full time single working day?

Oops sorry HolidayCriminal, I meant to say too that they have told me that 7 hours is considered a full day. Yet we can only work upt o a maximum of 6 hours a day as that is the shift pattern. We have to do a fixed shift of 3 hours and there are only 2 shifts a day. Hope that makes sense.

OP posts:
Chocotrekkie · 19/03/2014 20:41

At our place bank holidays are pro rata as well - would that add up ?

Original poster
milliemoomay · 19/03/2014 20:46

Thanks Piscivorus - I'll give that a go.

OP posts:
HumpheadWrasse · 19/03/2014 20:48

I think you should get a full day's pay for the bank holidays you actually work, but for any you don't work you should get them pro-rata (so 21/37 of a full day's pay).

changedToday · 19/03/2014 20:52

Yes you ought to be able to work it in days, that's what my employer does: I only work 60% (that would be three days/22hours), but I squeeze it into 4 short 5.5hr days. So I work 80% of days, and get 80% of general holiday entitlement, and that is expressed in days. 'A week off' for me means taking 4days leave.

Ruebarb · 19/03/2014 21:16

Milliemoomay - sounds a strange leave year sounless they have changed the annual leave year to run from may this year to end of march next year meaning 11 months you should be entitled to 118 hours. Hours are much easier to calculate particularly when you have unequal working days.

Original poster
milliemoomay · 20/03/2014 08:11

Thanks everyone - Ruebarb your reply was spot on, and the penny dropped after reading what you wrote.

They have indeed calculated my leave for 11 months only (although they don't make that explicit on the leave card) as the company is withdrawing our contract at the end of March 2015, when we will be made redundant.

Anyone got a job to offer??!

Thanks again. I knew I'd find the answer here.

OP posts:
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