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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 09:10

she says the contract stipulates an annual figure, not just for the remainder of the year so 10 is still not correct

Dragonball · 08/08/2014 09:11

Ok- their concession to going to a slightly raised salary was the no of holidays. (When I originally asked the question before asking for increased salary, it appeared the no of days wAs 25 per yr (12.5 for 2.5 days) can they retract their salary offer now?

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Dragonball · 08/08/2014 09:14

And Christmas Day, Boxing Day are bank hols that don't fall on my working days- they expect me to work that week or take annual leave.

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senua · 08/08/2014 09:18

it appeared the no of days was 25 per yr

No, the law is 28 days.

they expect me to work [Christmas] or take annual leave

That's OK. You have no entitlement to BH.

gov.uk

Dragonball · 08/08/2014 09:22

Yes I realise I don't have entitlement to it but just because by chance my working days don't fall on any bank hols, it occurred to me slightly unfair. Whereas if I worked on a Friday and Monday i would be getting loads more days off!

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senua · 08/08/2014 09:37

I see it the other way round! If you worked on Mondays then you would be forced to use up your holiday allowance on BH, leaving less available for your free choice. This way round you always get BH off, allbeit usually unpaid, but still have all the other days you can take.

bruffin · 08/08/2014 09:42

Whereas if I worked on a Friday and Monday i would be getting loads more days off

You don't, you end up eating into your main holiday entitlement.
I work 27 hours a week over 3 days. I always work monday and friday (and tuesday or thursday) so get hit by most bank holidays. I am entitled to 17 holiday including bank holiday. I have to take 8 days in bank holidays if they all fall on my working days which is possible so end up with only 9 days for the rest of the year which is only 3 weeks holiday for the rest of the year. If i was full time i would get 4 weeks holiday+ bank holidays.

Dragonball · 08/08/2014 10:05

Thanks, I guess it's swings and roundabouts. It's hard going from relative freedom as a freelancer to restrictions. So is it better for me not to say anything? Bearing in mind it's a fantastic salary and would love to continue working there indefinitely?

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senua · 08/08/2014 10:18

If you want this long-term then you should sort out the holiday. It should be 14 pa.

Bruffin is your holiday correct? I can see that 3 days out of 5 works out at 17 days' holiday. But I make 27 hours out of 40 (making an assumption there) come to 19 days' holiday?

bruffin · 08/08/2014 11:02

I just calculated it online using the gov calculator for compressed hours which said 151 hours which is still 16.8 x 9 hour days Sad

Dragonball · 08/08/2014 13:37

Thanks so much for all the advice
Having spoken to my DH about this, he thinks I should go with the current contract until December (its unlikely I will find the same kind of job, with as much flexibility, part-time hours, at such a good salary and the kind of work that is just perfect for me - I can do it standing on my head, but still really enjoy it). Then once I'm more more established there and get offered more time hopefully after December, ask for more holidays in a new contract. Or am I just being too much of a pushover?
Alternatively, I could suggest going back to being paid as a freelancer, although they said that was too expensive for them!
I am totally stuck in a loop about all this and going backwards and forwards. I think mostly, I'm just too scared of losing the job.

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Heels99 · 08/08/2014 13:42

But why would they give you more holidays? The holidays they are giving you are the correct amount. You can take unpaid parental leave as per those particular guidelines depending on eligibility, age of child etc but I don't see why they would give you more paid holiday unless they happen to decide to give everyone who works there more holiday which is unlikey

Dragonball · 08/08/2014 13:45

Because previous posters have said I am entitled to 14 days, not 10 days. Or am I totally confused?!

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ilovepowerhoop · 08/08/2014 13:54

I would speak to your employer as they are not offering you your legal holiday entitlement. Heels, she should ask for more holidays as she is not being offered the correct amount.

It depends if you want to stick up for your rights really. if what you say is correct everyone in the workplace should be checking out what holidays they should be entitled to as well.

Heels99 · 08/08/2014 13:54

You are confused. It sounds like the full time staff there have 20 days, plus the 8 bank holiday make 28 days. So you would be entitled to half which is 14 days. However, when talking about " holidays" many employers just state the holiday they give in addition to the bank hols so in the case of your employer, 20 days which makes 10 days for you. So you need to go back to them and clarify that the 10 days is in addition to pro rata bank holidays which would total 14 days for you. You would then take any bank holidays eg Xmas, Easter etc out of that entitlement if those days fell on your working days.

Dragonball · 08/08/2014 13:58

ok that makes perfect sense now.
From hearing other people talk in the office, I think they get more than 20 days holiday per year + bank hols, so I'm not sure that is the case.
So, I just need to consider how I ask them about the bank hols.
Thanks

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Heels99 · 08/08/2014 13:58

28 days AKA 5.6 weeks is the statutory min but this includes bank hols, so for you stat min is 14 days but flowery is of course right about calculating in hours. I highly doubt this organisation is not giving the statutory minimum holiday so you need to go back and clarify that your bank hols entitlement is in addition to the 10 days. It sounds like a misunderstanding that is all

Heels99 · 08/08/2014 14:00

It may be that people have accrued additional holiday in association with long service or that they are on old employment terms that had more favourable holidays. Both of these are not uncommon. Don't cut your nose off to spite your face...as a self employed contractor you presumably get O paid hols so it is in your interests to go back to them and sort this out.

ilovepowerhoop · 08/08/2014 14:02

she is not confused. She said the other full time staff are offered 25 days which is also under the legal minimum. There is no mention of bank holidays in the contract either.

I would still speak to them to clarify whether they have taken into account bank holidays and whether they are given in addition to the 10 days.

Heels99 · 08/08/2014 14:08

That is obviously not correct though as it would not be legal. Hence op needs to go back to them and resolve so she can take the job

bruffin · 08/08/2014 14:09

You are entitled to 14 days which include bank holidays.
If someone works full time when a bank holiday occurs they only work 80% of their hours a week.
If you do not normally work that day ie monday you are still in entitled to only work 80% of your time . In my case I lose out because by not working the bank holiday i am only working 66.67% of my hours (2 days out of 3) so have to pay back the remaining 13.33% out of my normal holidays. You will still be working 100% of your hours which means as a p/t worker you are being discriminated against, that is if the full time workers are all given bank holidays, if they are not then i think the case may be different

Dragonball · 08/08/2014 14:26

Thank you all. Will work out a diplomatic way of bringing it up.

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