Part time and holiday entitlement

[Buckswench]

Help! I know this has been asked lots of times, but if anyone can spare the time to answer me I'd be very grateful.

I've just started working for a friend's company, after not working for many years, and being full time for a large company before that. He's never employed anyone part time before (he has several full time employees) so we're both finding our way.

In trying to work out my holiday entitlement I'm confused as to how much he's worked out I can have. His other staff work 38hrs a week over 5 days, and have 21 days leave plus bank holidays. I'm working 10hrs a week, over Tuesdays and Wednesdays.

He's worked it out that I'm entitled to 5.53 days, rounded to 6 days, plus two bank holidays, which I have to take as Christmas Day and New Years Day this year. Is this correct?

Full time (38 ÷ 5) is 7.6 hours a day.
Full timers get 7.6 x (21 + 8 BH) = 220.4 hours a year holiday.

You work 10 hours a week so are entitled to 10 ÷ 38 x 220.4 hours = 58 hours a year holiday. If your 10 hours are 2 x 5 hour days then that's 11.6 days holiday.

It would be 10/38x21 ie. 5.5 rounded up to 6 days plus bh, 2 days. However iirc the statutory minimum is 25 days fte so he may be under allocating everyone.

And yes, your employer can dictate when you take your holiday entitlement, so can say x amount to be taken at Christmas.

There’s a leave calculator here (but it’s down at the moment)

www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement

Is this the leave you have until the end of the company's current holiday period? It's possible that their holiday runs from April to March, so your leave has been calculated for the remaining 5 months or so that is left until April when you'll start fresh with the full amount plus all bank holidays.

@LIZS The stat minimum is 28 days total. This can include bank holidays so his allowance is fine.

Mine is proportional...
So 10/38 = 26.3%.
The others get 21 days.
You get 26.3% of 21 days, or 5.5 days.
Plus 26.3% of the 8 bank hols... or 2 days. but in my experience, most employers will just let you have all bank hols that also fall on your usual working days + the 5.5.

Calculate it in hours, not days.

You work 10/38 = 26% of what everyone else does.

If they're working 38 hours over 5 days then each day is 7.6 hours (which seems odd as it is a 7 hr and 36 min day but we'll go with it).

This means that they get 29 days (leave plus bank holidays) x 7.6 hrs in a day = 220.4 hrs leave per yr.

You're entitled to 26% of that so 220.4 x 0.26 = 57.3 hours.

How many days this equates to will then depend on what your working day looks like.

You only need to deduct off Xmas day and Boxing Day if you would otherwise work and if you don't make up the days (which may not work for your employer). You also need to consider the days you work. So if you work on a Monday then at least 4 of the 8 bank holidays will fall on your working day which will mean you're will v rapidly work into your allowance. I would therefore have a conversation about switching your hours/days during these weeks if this is the case and this is possible.

Hope that helps.

0hforfoxsake beat me to it! It is 5.6 weeks fte including bh.

No, because you're working short days compared to your colleagues. I'd say its better to work out your leave in hours rather than days, as you're only working a 5 hour day.

If your colleagues are working 38hrs over 5 days (7.6 hours per day), and get 21 days holiday, they're getting 159.6 hrs leave. You should get 10/38 x 159.6 = 42 hours. Your boss has worked the equivalent days based on a 7.6 hr day that your colleagues do (so 5.53 days). However, you only work 5 hours a day so 42 hours is 8.4 days if that makes sense.

Sorry, took me so long to type, everyone beat me to it. I also didnt include BHs.

10/38 × 29 = 7.6 days

Thanks for all your replies.

@0hforfoxsake it's been down for several months annoyingly.

@EskewedBeef he's so laid back about everything. Most of the leave runs Jan to Dec, but I started in September, so he's happy for me to choose whether I use Jan to Dec or Sept to Aug.

@Africa2Go I think you've nailed it. That absolutely makes sense to me, in how you've explained it, how he's worked it and in that they roughly get 4 weeks off, and 8.4 would mean I do too. It just didn't feel right that I only had 3 weeks (6 days).

I would only do it in hours if you work a different number of hours each day. If you work 5 hours each day there is no value at all in doing it in hours and it just overcomplicates.

If someone working 5 days a week gets 29 days holiday (including bank holidays), then someone working 2 days a week gets 2/5 that, which is 11.6 days, which would probably be rounded up to 12 days. That includes your portion of bank holidays, so yes he can say you need to take Christmas and New Year out of that. But you should have 9.6 days left to take whenever you like (obviously subject to approval).

In this situation a full time person gets 5.8 weeks holiday INCLUDING the bank holidays. Therefore you should also get 5.8 weeks INCLUDING bank holidays. Which equates to about 11.6 days over a full year. So yes as you work Wednesdays then you have to use a holiday days for Christmas..as do full time people as we are including bank holidays in the total allowance. If your holiday runs Jan-dec then you don't need to allow for New years day in this years allowance.

Minimum would be 2x5.6 = 11.2 days
Full timers get an extra day on top of 28 day minimum so 2/5 of that would be 0.4 days

11.2 + 0.4 = 11.6

The fundamental issue here though is you work in hours not days and
he has given to you in days which cheats you out of time!

you either need to work it in hours which means it is 5.53 days which equals 42 hours. Given you work 5 hours a day that is roughly 8.4 days (which equates to the full time 4 weeks) plus the 3 bank holidays.

Or you see it as you working 2 days a week rather than in hours. So that is 40% so 8.4 days plus 3 bank holidays (40% of 8)

so yes I agree with those who make it around 11 days including bank holidays!

You need to tactfully point out his mistake!

You dont need to do it in hours if she works the same amount of hours each day. It can be done in days like everyone else, its just her days are shorter than the full timers days

It doesnt matter if you do it in hours or days just as long as you do both sides in the same. As above it actually does matter because it comes up to 8.4 plus bank holidays

In getting 5.53 he has mixed it up and that you cant do. He has come up (correctly) with 42 hours and then rather than divide it by 5 has by 7.6

You get the same answer though: 8.4 + 3.2 (8×0.4) = 11.6

You're all stars, thank you.

He's been lovely, and we're going to work on the basis of 5.8 weeks. He admits he got caught up with actual hours, rather than my hours. So thank you all for your help.

thanks for update. x