Another PT and holiday allowance concern

[notonmonday]

I have recently left a job that I worked for about six months and three full days a week. Employer and I agree that I’m 0.6FTE and that I worked 0.47 of the year. We also agree that full time holiday allowance is 25 days plus for this year plus 10BHs. Regular office hours.

So my calculation of my entitlement is 35 x 0.6 x 0.47 = 9.87. From this I would deduct any BHs that I have fallen on my work days and I have this not worked. In this case there haven’t been any. So total allowance 9.87days (to be rounded I would presume).

The employer has come up with 8 days.

I have stuck my dates into the government calculator and I get 8 days as the statutory minimum. They are not mistakenly using statutory minimum, but they have a part time workers methodology that has come up with 8 that is coincidentally the same.

I have argued that if the statutory minimum is 8 how can you possibly think your methodology is correct when the company full year allowance is 25% better than statutory minimum yet you have calculated what is equivalent to statutory minimum for me, Anyway to no avail.

So firstly if anyone can see a flaw in my reasoning I would be interested. But mainly I am not clear where to take it should they not pay me what I believe I am owed in holiday pay, so suggestions for next steps.

Oh and no I am not in a union and I am happy to deal with whatever it is I need to do myself.

If full time staff get 7 weeks of holidays (7x5 = 35 days) then part time staff should get 7 weeks equivalent too. In your case this would be 7 x 3days = 21 days. As you've worked 0.47 of the year then 21 x 0.47 = 9.87 days.

your pro rata leave entitlement would be 21 days for the year but where i work you have to work a full month to accumulate that month entitlement. So if you worked 6 full months you have 10.5 days and if you worked less than 6 but more than 5 you entitled to 8.75 days and id prob be kind and round it up to 9 but they may have gone the other way to come up with the 8

I am pretty happy with my calculations and no there are no full month rules (which as an aside I would consider that outrageous).

Any thoughts on how to proceed with this if I am unable to resolve with the organisation. Is it ACAS, tribunal, or simply a small claim court?

You have worked it out using days rather than hours. There is also a different way of calculating your entitlement if your contract is 25 days plus BH.

Assuming a standard day is 7.5 hours

Method 1
25 days x 7.5 hours = 187.5 x 0.6 =112.5 x 0.47 = 52.87 hours
BH falling in the 6 months (1June to 30 November) Queen’sJubilee, Late Spring BH, August BH and Queen’s Funeral = 4 days x 7.5 hours = 30 x 0.6 = 18 hours.
Gross leave = 52.87 + 18 = 70.87 hours
Deduct BH falling on a working day = 0 if I read your post correctly.
Note: Given that you work 3 days and the BH fall on Mon, Thur and Fri I am not sure how at least 1 didn’t fall on a working day.
Deduct any days leave taken = 0 assumption no leave taken.
Note: Are you sure you haven’t taken any leave?
Net leave = 70.87 hours / 7.5 = 9.44 days.

Method 2
35 days x 7.5 hours = 262.5 hours x 0.6 = 157.5 x 0.47 = 74.02 hours
Deduct BH falling on working days = 0
Deduct leave taken = 0
Net leave = 74.02 / 7.5 = 9.87 days.

In your situation I would go with Method 1 and this does equate to more than 8 days. Are you sure that you didn’t have any of the BH and that everyone got the Queen’s funeral?

I would ask for their calculation as that is the only way to spot the error.

@Princessglittery

Thank you for your message. I have worked my leave out in full days because I work full days and my employer works it out on full days, well actually half days but not hours. Also the full day here is 7 hours not 7.5 hours. I can’t see that multiplying everything by 7 in order to work it out in hours would make much difference in my case, I certainly agree that if I were a 9-12pm worker then looking at it in hours would make sense, but I work full days.

My tenure did not include any bank holidays on my working days, it did not include the jubilee for example, I was not an employee on June 3. There were two BHs during my tenure and they were both on Monday, my non working day. My employer most definitely granted full time employees the Queen funeral as an additional day of leave.

Also yes I did take leave, my employer and I agree about the leave I took. The issue is about my entitlement not what leave I took, i.e. we are debating the difference between entitlement and taken but we do agree on what was taken. I have never claimed to have not taken any leave. 😊

Regardless, both your calculations are more aligned to what I believe is correct versus what the employer is claiming.

@notonmonday I have used hours for over 30 years so that is my default.

If using days works for you that’s fine. Hopefully you can show HR why your entitlement should be 8+ days.