Pro rata holiday help

[heyjoeyitsestelle]

So basic leave is 31 days - plus 8 bank holidays.
I work 28 hours a week full time is 35 hours.

So i did calculations like this;

31/5 = 6.2
6.2 x 4 = 24.8 (4/5 of holiday entitlement)
And therefore rounded up to 25 days

They have sent this back;

We wouldn't work out your annual leave based on 31 days holiday entitlement.
We would work out your annual leave 28 days (pro rata)
Basic = 28/253 (working days in yeah) x 205 (actual days in year) = 22.67 (round up to 23 days)

Can someone explain what they've done here as I don't get it and I can't find any other way online to work it out ? Are they saying they're basing this on 28 days and not 31? And if so why? What am I missing here.

Have they calculated based on you starting part way through the year?

Do you mean they get 39 days in total or that 31 includes the bank holidays?

If you work 28 hrs then 28/35 = 0.8
0.8 × 31 = 24.8 or 25hrs

Do you have to work there a certain amount of time to get 31 days leave?

Do not ignore bank holidays. They are part of your holiday entitlement.

It sounds like your employer has a 7 hour day and you are working 4 days a week. On that basis you are entitled to 39 x 0.8 = 31.2 days. Some of those days will, of course, be bank holidays.

They seem to have based your entitlement on the statutory minimum which is 5.6 weeks, which comes to 28 days. However, the statutory minimum includes 8 bank holidays. The way they have done their calculation suggests that they have assumed the 8 bank holidays are in addition to the minimum, hence their figure of 253 working days in the year. It also suggests that 3 bank holidays will fall on your normal working days, hence their figure of 205 working days. So I suspect they are saying your holiday entitlement is 23 days plus 3 bank holidays.

That is better but, if you are right that full time staff get 31 days plus bank holidays (very generous if true), it is still wrong. You are entitled to 31.2 days including bank holidays. So if 3 bank holidays are on your normal working days that should be 28.2 days plus bank holidays.

On the other hand, if their entitlement of 31 days includes bank holidays you are entitled to 24.8 days including bank holidays. In which case, if they are giving you 23 days plus 3 bank holidays, they are giving you too much.

You need to clarify whether or not their figure is supposed to include bank holidays and exactly how much annual leave staff who have been there the same length of time as you get, including bank holidays. But it is clear that whoever is doing this calculation at your employer doesn't understand how this is supposed to work.

Sounds to me you may have that 31 day figure incorrect. Don't worry about how to calculate pro rata for now, you need to confirm if standard leave is 28 or 31 days, plus or including bank holidays.