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Part time - 20 days holiday - is this right?

47 replies

Dragonball · 08/08/2014 07:48

I'm a freelancer but have been offered a PAYE job at my current work place for a contract that lasts until Dec but hoping it will continue after that in some form. They agreed to a slightly raised salary (slightly more in line with my freelance wage but not as much) but with only 20 holidays pro rata. The job is for 2.5 days a week- 2 days set in the office with one flexible half day from home. I won't benefit from bank hols as my days will be tues and wed (my choice due to childcare). The half day will be anywhere. Is this right to only have 10 days over the year?
I'm nervous to rock the boat and ask for more days if it's not, as they are letting me work from home for the first month in the afternoons so I can organise childcare, which i would eventually like to do more of. I'm already feeling like I'm asking for a lot as I leave an hour earlier than everyone else (the other mums have nannies I think ) albeit I don't really take a lunch break. We also really really need the money from this job so can't afford to lose it.
Would love some advice. Thank you!

OP posts:
ilovepowerhoop · 08/08/2014 07:54

you would be legally entitled to 14 days holiday id you are working 2.5 days according to the holiday calculator.

www.gov.uk/calculate-your-holiday-entitlement

RubySparks · 08/08/2014 07:55

I work part time 18 hours a week and get pro rata bank holidays and pro rata annual leave, it shouldn't matter if you don't work the days the bank holidays fall on.

BikeRunSki · 08/08/2014 07:55

Do you mean you get 20 days, or 10 days once pro rata'ed?

10 days is still 4 weeks on your hours, which is pretty normal. P/T workers should still benefit from bh allowance I think.

ilovepowerhoop · 08/08/2014 07:58

www.gov.uk/holiday-entitlement-rights - full time workers are entitled to 28 days annual leave so you get a pro-rated amount of leave (is it 10 or 20 days you mean as you have mentioned both in your post?)

Dragonball · 08/08/2014 07:59

Thanks. Yes 10 days per yeAr. Do I ask for proportion of bank holidays? I could obviously do with the extra days for school hols but I also don't want to appear grabby. Particularly as I want to ask for more time working from home eventually!

OP posts:
ilovepowerhoop · 08/08/2014 08:00

is 20 days the holiday entitlement before it is pro-rated as that is under the minimum you should be offered? (the minimum is 28 days for full time). You are legally entitled to 14 days holidays when pro-rated.

ilovepowerhoop · 08/08/2014 08:03

no, they are not offering you the legal minimum then if they are only giving you 10 days off - they need to give you the equivalent of 5.6 weeks off so 2.5 (days worked) x 5.6 (weeks) = 14 days off

Are they calculating the leave left to you for the remainder of the year rather than for a full year?

Dragonball · 08/08/2014 08:14

No, it's 10 days for the year. But my contract is only until December. So do I ask for bank holiday allowance as part of the extra 4 days?

OP posts:
ilovepowerhoop · 08/08/2014 08:25

its not bank holiday allowance as such, just the statutory minimum holiday entitlement for a year for someone who works 2.5 days a week. Do the full time staff get 20 days + bank holidays as extra?

Employers can include the bank holidays as part of their holiday entitlement but the minimum should still be 28 days.

littleblackno · 08/08/2014 08:27

Different companies calculate bank hols differently. Sounds like your anual leave is correct but ask them how they calculated bank hols.

ilovepowerhoop · 08/08/2014 08:31

its not correct if they are only offering 10 days when she should be entitled to 14

ilovepowerhoop · 08/08/2014 08:33

although it would be 14 for the full year but you arent going to be there for a full year so maybe that is why they have only given you 10 days? You will need to ask them to clarify it for you

Dragonball · 08/08/2014 08:35

It is clear they are offering me 10 days from sept 1 for one yr (even though it ends in dec).

OP posts:
mandy214 · 08/08/2014 08:42

As everyone has said, you are entitled to a minimum of 14 days for your 2.5day week but that can include bank holidays.

There are 8 bank holidays every year - on a 2.5 day contract, you are obviously entitled to 4 bank holidays per year.

Could the wording of the contract mean you are entitled to 4 days for bank holidays and they're giving you an additional 10 days annual leave on top of those 4? That's to say you are entitled to 10 days leave + bank holidays?

ilovepowerhoop · 08/08/2014 08:45

you will maybe have to direct them to the above links that state that your minimum legal holiday entitlement is the equivalent of 5.6 weeks and give that you do 2.5 days you are entitled to 14 days, not 10.

Or maybe print it off and ask to discuss it with your manager.

ilovepowerhoop · 08/08/2014 08:45

does the contract mention bank holidays at all?

Dragonball · 08/08/2014 08:46

No, I've already brought up the fact I may find 10 days hard due to school hols and I suggested taking unpaid leave. There has been No mention of bank hols - particularly as my working days don't fall on bank holidays.

OP posts:
ilovepowerhoop · 08/08/2014 08:50

it doesnt matter that you wont be working bank holidays you should still get the proper minimum holidays. The bank holidays are a red herring as employers dont have to pay for bank holidays and can include them in with normal holiday entitlement e.g. 28 days holidays may = 20 days holiday + 8 bank holidays. Some employers may give more than 20 days and then bank holidays in addition.

flowery · 08/08/2014 08:50

If you do 2.5 days your holiday should be calculated in hours not days, as you'll get less pay when you take a day off on your half day than you do when you take one of your full days.

Statutory minimum holiday entitlement is 5.6 weeks holiday, so multiply however many hours you work a week by 5.6 to find your holiday entitlement.

Once you have that total, you will need to book the correct amount of hours depending on which day you're taking off. If any bank holidays fall on your working days, which eventually they will, you will need to use the correct amount of hours depending on how many hours you'd normally be working on that day.

mandy214 · 08/08/2014 08:52

It definitely sounds to me as though its an issue with bank holidays - and I think you can ask the question without being seen to rock the boat.

I imagine that someone doing your contract has assumed that full timers get 20 days and the 8 bank holidays, and have assumed therefore that you'll get 10 days plus bank holidays.

flowery · 08/08/2014 08:53

Oh, and stop thinking of it as 2.5 days a week. You work 3 days a week, not 2.5, you just don't do the same number of hours each day.

mandy214 · 08/08/2014 08:56

It doesn't necessarily work like that Flowery in practice. None of my friends who work PT and in the companies I've worked for PT calculate holidays in hours (certainly if you're doing full days or half days - I appreciate it might be different if you're on a 30 hour contract or something like that). If the OP wants to take her half day off, she just books a half day; if she wants to take a full day off, she books a full day. The annual leave entitlement is half of the days that full timers get. I don't think many employers complicate it by having to calculate it on a hours basis.

flowery · 08/08/2014 08:58

Er, ok. Thanks for that.

senua · 08/08/2014 09:03

FT workers are entitled to 28 days. Most people have that as 20 days plus the bank holidays but that is convention. There is no entitlement to BH (unless stated in the contract).

So ask for 28 days (minimum) properly pro-rata'd and ignore BH as a distraction.

momb · 08/08/2014 09:04

It sounds to me as if the full time staff are getting 20 days annual leave plus bank holidays: making up the legal minimum that way.
If you are working from the beginning of September until Christmas there are no bank holidays to take into account so they have opffered you the pro rata 20 days. if you start before the August bank holiday you could ask for half a day (pro rata for that day) but it does seem a tad petty as they've already given you more than their going rate for the job.

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