Help please part time holiday entitlement

[Missymoo99]

Hi was wondering if anyone can help me, I am starting a new job working 3 days a week Tues - Thurs, how much statutory holiday am I entitled to? I have calculated on the govt website that it should be 16.8 days including bank holidays but the contract I have been given states 12 days plus bank holidays but this doesn't add up to the statutory amount because for the days I'm working.

Why do you think it is wrong? It looks correct to me. You don't work most bank holidays so you can't get paid for days you don't normally work.

They're both the same? You're entitled to 12 days annual leave plus 0.6 of the 8 bank holidays (which is 4.8 days) so 16.8 days in total.

You should be entitled to receive the same number of paid holidays as a full-time employee, pro-rata. Therefore, if full-time staff get the statutory minimum of 28 days including public holidays, then (assuming full-time is 5 days/wk) then you should receive 3/5 of 28 days (16.8 days, which should then be rounded up to 17 days).

You get exactly the same amount of paid leave as anyone else, but you get more choice over when you take the days, because most public holidays are on Mondays & Friday.

Crisp pretty sure that isn't how it works any more, I think if you're part time you get a percentage of bank holidays equal to the percentage of a full time post that you work. My mum was really annoyed when it changed because she works Mondays so now she always ends up owing time after a bank hol.

I would clarify that you will get 0.6 of the public holidays though - it might be that they don't have any part-time staff (or at least ones that don't work Mondays) so haven't considered it.

Ask for clarification on the amount of BH, you are correct with 16.8 as it's 12 normal days plus 3/5x8= 4.8 BH

The company can include the bank holidays as part of the statutory minimum so you are entitled to the equivalent of 5.6 weeks holiday : 3 x 5.6 = 16.8 hours. Bank holidays do not have be in addition to this and can be included within the 16.8 hours

Thank you for your replies, I am not expecting to be paid for when I don't work but just trying to understand it and make sure it is correct, next year only one bank holiday will fall into my working days so what happens to the other 3.8 days? I am a nanny so the parents get to chose half my holiday so just really need to make sure it's all right before I sign the contract.

16.8 days it should be not hours*

16.8 days is the same as 12 days plus (3/5 × BH) so the contract is correct.

The bank holidays have been accounted for in the entitlement and it doesn't matter which ones you work/don't work

It is 16.8 days, it cannot be less but it can be more so some employers will round up to 17 days or even more.

As a nanny you get the same Statutory Entitlement as any other worker. Working 3 days a week, bank holidays that occur on a working day are deducted from your annual holiday entitlement if you are not required to work that day. There is no automatic right to having bank holidays off - some parents with a nanny will need the nanny to work on a bank holiday.

A possible reason why your contract is wrong is that the parents may have created the written statement themselves, using an outdated template they found online.

You should query that the holiday clause is wrong, point out the GovUK and ACAS sites for information. The parents can also contact their payroll provider for information - many will provide a written statement/contract though they may be a charge for a bespoke one.

I agree with you that the wording of the contract is important. As you work Tue-Thur, 12 days plus bank holidays is not sufficient to meet the Statutory minimum holiday entitlement of 16.8 days.

You don't say if each day you work is the same length or not. If the length of working day varies then holiday should be calculated in hours, not days.

Thank you nannynick you have clarified it for me. Working the same hours on my days. The contract was written by an agency!! I am going to call acas tomorrow and will contact the family (was going to get them to contact their payroll for advice). I was with my last family for over 8 years so all a bit daunting starting over again.

But others have calculated that 12 days plus pro rata holidays does come to 16.8 days so I don't think the contract is wrong.

In England there are 8 bank holidays usually, so (8/5)*5=4.8
So yes others have calculated mathematically correctly but putting that into practice is harder for people to understand.

When a bank holiday occurs on a non work day, then it is not a bank holiday for that person as they have it off anyway.

Working Tue-Thur there may be one or two bank holidays, not 4.8, so those 'bank holidays' need to be taken on a normal working day. Thus the annual holiday entitlement is calculated in such a way to make bank holidays non existent. Once the total holiday entitlement is calculated, then any bank holidays occurring on a working day can be deducted, leaving the remainder of the holiday to be taken on normal working days.

They have come back to say they will give me 13.5 days plus bank holidays, the agency says this is fair and I just can't get my head around it but will have to agree as I need to start this job!

Or I can work mon, tues, wed and get 16.8 days but this is not possible due to my own children's childcare

I think the bank holidays are a red herring and as long as you get the correct amount of holidays then they are accounted for. It just means full time staff have more holidays already allocated due the bank holidays whereas if you don't work most of the bank holidays then you have more choice as to when to take them. My dh gets the bank holidays added into his entitlement but doesn't have to take that actual day off and if he does want it off he has to book it as a holiday.

You are making the issue more confusing whereas as long as you are offered 16.8 days holiday then it doesn't matter whether or not you work or don't work on an actual bank holiday as the pro rated holidays are already included in the holiday entitlement

I think the problem is that 16.8 days are not being offered.

They are getting confused on the law.

The law says that annual leave must be a minimum of 5.6 weeks per year.

It also says that bank holidays can be included in that figure. They don't have to be on top.

What that means is that for employers who like to calculate separately, they should give 1/x × annual leave days + 1/x BH days, where 1/x is the proportion of the full time contract worked.

I think the employers have interpreted it thus:

-5.6 weeks x 5 days per week = 28 days leave per year.
-8 Bank holidays per year, which can be included:
-28-8= 20 days.
-20 x 3/5 =12

12 days annual leave, plus any bank holidays that fall on normal working days.

They haven't realised that they also have a duty to give equal terms to part-time workers, so need to give a fair proportion of Bank Holiday days to them, whether or not they would actually be working on that day normally.