trouble at work/entitlements

[discod2014]

Hello any help would be greatly appreciated...I am having issues with my boss who seems to change her mind about holiday/bank holiday entitlements each year I have been there. Firstly I would like to know what my holiday allowance is....I work 32 hours per week term time only (so 39 weeks of the year)
Secondly she pays the full time workers for all the bank holidays (they get 20 days plus eight bank holidays pay each year) yet apparently I am not allowed any pay for bank holidays and its not included in my holiday entitlement...although for the last three years she has paid me for six but this year she has decided she wont.
I had a huge row with her today and work and anything I can throw at her would be a great help thanks in advance.

You are entitled to 5.6 weeks per year; part time workers should have this entitlement pro-rata.

It may be different for term time working if that is regarded as holiday?

Are your hours on fixed days each week

Holiday accrues on the basis of 12.06% of time worked. So multiply 32 hours a week by 39 weeks (assuming you take no holiday during that time) and then work out 12.06% to find out your holiday entitlement.

Don't get hung up on who gets paid for bank holidays, think about totals. As long as you get the same total amount of paid leave on a pro data basis as full timers, that's fine.

yes they are fixed each week :) and if the full timers get either 28 days holiday or 20 days plus 8 bank holidays then surely us term time only workers should benefit the same ?

Yes. 28 days is the statutory minimum for full timers. 12.06% of time worked is also the statutory minimum. So as long as you are getting that as a total, you are getting the right amount. Forget about separating out bank holidays, look at the totals.

thank you but i wanted someone to tell me what my holiday entitlement is based on me working fixed 32 hours a week over 39 weeks..... even if its in hours as I believe I am not getting what I am entitled to.....have read if she honours full timers bank holidays then term timers should be allowed also...if not then I should be getting some extra holiday allowance. The government website is no help at all :( I cant talk to my boss as she isnt interested and the manager is her best friend and wont help

Flowery has given you the calculation to work out your statutory minimum.
12.06 % of 32x39.

Hands flowery a raspberry jelly to plait.

Sigh........

thank you :) last question..whats the 12.06 for in the calculation please...just so when i explain it to her I can say this is how its worked out...from what I know now she has been doing me out of 52 hours a year holiday!!

The FTers get four weeks (at five days per week). You should get four weeks too at four days per week. So 16 days AL.

As you work 80 percent of a FTers contract you should get 80 percent of the BHs.

But she's term time only hacked whereas the full tuners if ice read it right are all year round.

Do do you work 4 days per week OP as I don't think you've actually said.

no I work five days a week but its only 32 hours due to the times of the shifts...from what I have read if full timers get 8 bank holidays then term timers should get 6 as they only work 3/4 of the year...if not then we should get them as extra holidays? as it is the boss makes the full timers have 20 days holiday and she pays them for 8 bank holidays...us term timers only get so much holiday pay but it doesnt include any bank holidays and we get nothing extra. Would Acas be able to tell me?
Im not just saying this but she lies about everything and tries to get out of paying anything she thinks we arent entitled to...its a private nursery. Yes I am looking for another job ive been there four years and quite frankly I am sick of her c**p. I am covering the deputy manager while he goes on holiday for a week yet im getting nothing extra im still on the same wage that week

Nobody is entitled to be paid for any bank holidays.

Full timers are entitled to 28 days holiday per year in total. This may include bank holidays if the nursery is closed on those days.

If you work 39 weeks per year you are entitled to 75% of that which I get to 21 days (however I had probs working my percentages out so don't quite me)

I have no idea why I bother. Forget the bank holidays. You are entitled to the same amount of paid leave pro rata as full timers. You work that out using the 12.06% calculation. Do that calculation for the total hours you work. That's how much holiday you are entitled to. Whether any of it takes place on bank holidays or not is irrelevant, it's the total that matters.

As Flowery says, you need to stop getting hung up on bank holidays.

Full time workers are entitled to a minimum of 28 days paid holiday per year. For many people that is 20 days at a time of their choice plus 8 days bank holiday but there is no requirement for it to be like that. A full time employee could be required to work every single bank holiday provided they get 28 days paid holiday in total.

The 12.06% figure comes from the fact that full time workers are entitled to 28 days which is 12.06% of 5 days per week throughout the year.

As Hotair says, based on the information you have posted you are legally entitled to 150.5 hours paid holiday per year. Provided you are getting that your employer does not have to pay you for bank holidays as well.

right thank you and im sorry if it seems so easy to some people but ive been having this argument for weeks with her and I want it sorted theres no need to get arsey flowery thank you! The reason i am so hung up on the bank holidays is because her rules change years after year...last year she paid me bank holidays the year before she only paid me for some and this year all of a sudden im not entitled to any.NOBDOY likes to be fiddled out of money and that is exactly what she is doing! I want proof she is not paying me my full entitlement so I can stand my ground. Her argument is I wont be paid any bank holidays as the law states as i only work term time she doesnt have to pay me and she wont pay me anything extra..all she pays me for is 98 hours holiday pay....anyone in my position would feel the same and all I am doing is asking for some help!

You are being so rude to people who are trying to help you! Blimey.

Then yes, she is shortchanging you.

The 12.07% is calculated as follows.

Full time holiday is 5.6 weeks. You can't accrue holiday while you are on holiday, so this is 'earned' over the other 46.4 weeks of the year.

5.6/46.4 = 12.07%

Therefore, if you work 32 hours a week for 39 weeks of the year, your entitlement is

32 39 12.07/100 = 150.6 hours.

Therefore 98 hours is too little.

It really, really doesn't matter about the bank holidays. You should receive, in any leave year, 150.6 holiday hour pay as a minimum, whether this is bank holidays, normal days etc.

Hope that helps.

you are being so rude! Flowery is the patron saint of the Employment Board and is (IME) never wrong, and always helpful and patient.

Go and pay a solicitor if you won't accept help here.

4.7 of your 32 hour weeks pro rata over the year. So you are due 52 more hours holiday or leave.

You can quote the above to her The 12.06% figure comes from the fact that full time workers are entitled to 28 days which is 12.06% of 5 days per week throughout the year.

If she is having problems calculating it - she needs to go to the following page:

www.gov.uk/holiday-entitlement-rights/entitlement

Your full time colleagues are entitled to 5.6 weeks, 28 days, holiday a year. It sounds as if your boss is letting them choose 20 of these and making them take the other 8 for the Bank Holidays, which she is allowed to do.

The 12.06% is simply the result of looking at an entire year for a full time employee - they will work for 46.4 weeks, have paid holiday for 5.6 weeks, and the ratio of paid holiday to work is 12.06% (5.6/46.4). They are paid for 52 weeks work, 5.6 weeks of which is paid holiday. You are entitled to the same ratio, so as Flowery says, for every hour you work you accrue 12.06% of an hour's holiday.

So each week you work for 32 hours, assuming you take no holiday in that week, you accrue 3.86 days holiday.

If you actually work (e.g. don't take any paid holidays) for 39 weeks in a year, you would then be entitled to 3239.1206 hours holiday (150.5 hours) at the end of the 39 weeks.

If, however, all your holidays are taken within those 39 weeks, then you be paid for 1248 hours, would actually work for 1113.6 hours and get paid holidays for 134.4 hours (134.4/1113.6 = 12.06%).

As long as you get that many hours, it's all legal. Your boss doesn't have to pay you for Bank Holidays on top of this entitlement.

strokes Flowery's hair.