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Annual leave starting part way through the year

30 replies

domton · 08/05/2019 17:41

Hi there.

I started a new job April 1st, holiday year runs Jan to Dec.

Basic holiday of 28 days including back holiday. They've worked out my annual leave as 3/4 of the basic days, so 15 days. Because the 8 bank holidays fall after I start, this leaves me with 7annual leave days. Surely they should have worked out 3/4 of the 28 days as that is the legal minimum? I can't work with just 7 days off until Christmas. :/

Any ideas anyone? Thanks.

OP posts:
Ignoremeiaminvisible · 08/05/2019 17:45

Work the bank holidays?

allthegoodusernameshavegone · 08/05/2019 17:46

If you work 5 days a week (assuming you are in Uk) you are entitled to 21.1 days leave inc bank hols

dementedpixie · 08/05/2019 17:47

Assuming you work 5 days a week then the entitlement is 21.1 days. Yes you should get a proportion of the bank holidays too:
www.gov.uk/calculate-your-holiday-entitlement/y/days-worked-per-week/starting/2019-04-01/2019-01-01/5.0

JaniceBattersby · 08/05/2019 17:47

They are correct. You are still getting the days off, just not exactly when you want them.

Mummyshark2018 · 08/05/2019 17:48

I think they should have worked out 3/4 of the annual leave minus the bank holidays, then worked out how many bank holidays are between now and end of December and added that on. It's tricky as Easter fell late this year. Assuming you're working full time?

dementedpixie · 08/05/2019 17:49

They are not correct. OP is entitled to more than 15 days holiday

LIZS · 08/05/2019 17:49

7 would fall between April and December. It should be 21 days total assuming you are ft, including bh

dementedpixie · 08/05/2019 17:50

OP is entitled to 3/4 of 28 assuming she works 5 days.

domton · 08/05/2019 17:51

Thanks.

No I don't work the bank holidays.

Legal requirement for full time uk according to yougov is 28 days including bank holidays, not 21.1.

OP posts:
flowery · 08/05/2019 17:51

Yes definitely 21 days total, including bank holidays.

28 days for 12 months including bank holidays means 21 days for 9 months including bank holidays.

Are you sure they are not saying 15 days plus the bank holidays which fall between your start date and the end of the year?

domton · 08/05/2019 17:52

@dementedpixie that's what I thought. Thanks.

OP posts:
thankyourforthemusic · 08/05/2019 17:53

28 divide by 12 Is 2.33 so April to December is 21
Less 7 bank holidays is 14 days to take between now and December .

daisypond · 08/05/2019 17:54

I think they are correct. You are not entitled to a year’s worth of leave as you will only have been there for 3/4 of the year. You get 15 days, not just 7. The bank holidays are still leave.

dementedpixie · 08/05/2019 17:56

3/4 of leave is 21 days though not 15. They are not correct

HarveySchlumpfenburger · 08/05/2019 17:57

Are you sure you need to take the bank holidays from the 15 days if they’ve only given 3/4 of the basic hours?

Seeleyboo · 08/05/2019 17:57

The Gov site states 21.1 including bank holidays.

Lazypuppy · 08/05/2019 17:58

Surely bank holidays are extra.

So you get 21 of the 28 days,plus bank holidays?

thankyourforthemusic · 08/05/2019 17:59

Yeah I think they are telling you have 15 days after the bank holidays.
Just confirm with them .

dementedpixie · 08/05/2019 17:59

OP is saying they have stated 15 days with no mention of bank holidays. Speak to them to clarify OP

onemouseplace · 08/05/2019 18:00

15 is not 3/4 of 28 days. It is 3/4 of your 20 basic days plus the 8 bank holidays. That's what I would assume anyway - that you have 15 days annual leave remaining plus all the bank holidays.

CrispbuttyNo1 · 08/05/2019 18:02

15 days is 3 weeks holiday. Plus the bank Holidays. That's correct for 3/4 year holiday.

dementedpixie · 08/05/2019 18:03

Yes, but OP says there is no mention of bank holidays. She needs to speak to her employer

domton · 08/05/2019 18:07

They are saying 15 minus the bank holidays, so 7.

Thank you all, I thought I was right, and thought I was going mad! I'll find the evidence later and approach them tomorrow.

OP posts:
UCOinanOCG · 08/05/2019 18:07

Is it not 15 days PLUS the Bank Holidays that you are entitled to?

Spinnaret · 08/05/2019 18:09

How exactly is the message worded? And your contract?

Do you actually have 20 days annual leave + BH? If they have calculated leave on the 'basic' days, as per your OP, then 15 days + BH would be correct. It cannot just be the 15 days. Just check it with them.

Everywhere I have worked has been environments where offices are closed on BH, so there has never been a proportioning out of BH. They have just been extra days off, just not days I could choose.

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