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P/T working and holidays.

11 replies

LastOneDancing · 27/01/2015 21:59

Apologies if this has been done to death, and even more so that this is long but I have had conflicting advice on this and I'm not sure what to do next. Can anyone help or even give an opinion?

I have worked full time for 3 years with my current company and have made my flexible working request for 3 days accepted. I asked to work tue, Wed, Thu - the normal working week for my small team is Monday to Friday, closed on Bank holidays.

I made the foolish (oh so foolish) assumption that it was standard that companies pro-rata p/t annual leave and bank holidays to all p/t workers irrespective of days, as this has always been the case in previous employments. Apparently at my archaic company if you don't work Mondays, you don't get any BH allowance. So my colleague, who also works 3 days, will get at least 4 extra paid holidays than I do, because she works a Monday.

I have spoken to my home insurance legal advice line who said its rare to still operate this way, but Im shagged because they're not discriminating against part timers per se, as the other pt worker gets it off. I have spoken to workingmums.co.uk 'expert' - not sure what qualifications - who pointed me to the DTI guidenlines on part timers and indicates that this is exactly what the guidance talks about and could be challenged, although its case specific.

So would you:
a) suck it up, you got what you asked for, you didn't ask the right question and its a decent, fairly flexible job? Plus I don't want this to end with my colleague losing out.
b) ask if they will let me change to Mondays? (only problem is finding a nursery with Monday spaces)
c) respectfully ask them to review the situation with reference to the DTI guidance?

As an aside, they have also only given me 15 days annual leave by pro-rata'ing my original 25, which Im 99% sure is 1.8 days (?) short... So im not sure if they're particularly on the ball. I will definitely be questioning this!

If you made it to the end of this THANK YOU and my apologies for the bore-fest.

OP posts:
Indantherene · 27/01/2015 22:34

I work for a large organisation and for part timers Leave is expressed in hours. Your colleague would be worse off under our system because although she'd get the Monday off she would only be entitled to 3/5ths of that day, so she'd owe time. Same then would happen to you if Xmas fell on Tues, Wed or Thurs.

The pro rata-ing is correct I'm afraid. 25/5 x 3 is 15 days. Or you could look at it another way and say that a FT person could have 5 weeks off, and so can you 5 x 3 days.

poocatcherchampion · 27/01/2015 22:40

I am not totally sure how it works in my company, but as I dont want to work Mondays it is basically immaterial - :)
I figure it will work out in the end.

I think your AL calculation is right too - why don't you?

cheerup · 28/01/2015 06:36

Bank holiday entitlement should be pro rata and you should have 3/5 of all public holidays. Assumng you are not contracted to work on bank hols, where a bank holiday falls on a working day you will take more than your 3/5s entitlement, where it falls on a non working day you will not take any. The easiest thing to do is to calculate it over the year I.e ((total number of bank holidays x length of your working day in hours) x (your weekly working hours/ft working hours))/total number of bank holidays. That will tell you how many hours you are entitled to for each bank holiday, then work out on which days you are due to work and will be taking more hours than you are entitled to due to BH and deduct this from the total of the bank holiday hours that you are not due to work. The hours left will be your accrued BH entitlement.

LastOneDancing · 28/01/2015 07:17

indantherene - AL entitlement is at least 5.6 weeks, which can include bank holidays. 5.6 multiplied by 3 days worked is 16.8, even removing the one midweek BH in 2015 (which they cant) that's still 0.8 of a day short.

OP posts:
LastOneDancing · 28/01/2015 07:22

cheerup that's how it's always been in previous employments and how I expected it to work.
I didn't know if anyone else had been in the situation I'm in & had success challenging it.

OP posts:
ihatethecold · 28/01/2015 07:43

Op. You're making me question my annual leave entitlement reading this!
Can I please ask cheerup
I am contracted to work 1 day every weekend. It's a 10 hour shift paid at 1.5 times. So 14.25 hours paid per week.
I am given 6.6 weekend days off a year.
I don't get any extra due to bank holidays.
Is this correct?

LastOneDancing · 28/01/2015 10:02

Try the statutory leave calculator
https://www.gov.uk/calculate-your-holiday-entitlement here.

I ran your 10h per week through - should be at least 56h per year. I don't think your hourly rate of pay makes any odds, it's physical hours worked.

As I understand it from my research, employers only need to give you bank holiday renumeration if everyone else gets that day off - if your full time colleagues are expected to work it as part of their normal week then you won't get anything back.

OP posts:
LastOneDancing · 28/01/2015 10:03

Argh!

here.

OP posts:
ihatethecold · 28/01/2015 12:29

Thanks last
The office workers get the day off on bank holidays.

ihatethecold · 28/01/2015 12:39

According to the link. I should get 56 hours off a year.
That to me looks like 5.6 days off.
I'm entitled, according to my contract to 6.6

Doesn't make sense to me.

GlitzAndGigglesx · 28/01/2015 12:58

Hmm I'm not contracted to work Mondays but have to work 2 bh's a year and these are added on to my hol allowance. Say I work 6 hours on by I'll get 6 hours added on my allowance. God this stuff confuses me I just know in April I get my AL hours on my payslip which is around 126h excluding any top up bonus hours

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