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Holiday entitlement leaving mid year

24 replies

Curlingstone · 16/01/2023 22:30

I hope you can help with my leave confusion. I work P/T Tuesdays and Thursdays. We have 6 weeks leave not including bank holidays ie 30 days if F/T + BH.
I'm leaving 30/06/23.
In that time there are 4 bank holidays i miss out on - NY day, Easter X2 & May BH.
Obviously I feel I'm entitled to some additional leave to account for the BHs . Is 1.6 correct?? (40% of 4).
So in the real world 1.5 days
I want to fact check before firing off any emails ( I feel a bit grumpy about being short-changed!) Thanks

OP posts:
Galliano · 16/01/2023 23:13

There are 3 bank holidays in may this year

Curlingstone · 17/01/2023 07:30

Ah , yes, I forgot the additional Coronation one ( as well as the other one in May, doh!),thanks
Good job I haven't sent an email yet🙄

OP posts:
AnOldCynic · 17/01/2023 08:18

You have 15.2 days due to this year. Assume you are calculating annual leave from Jan to Jan?

AnOldCynic · 17/01/2023 08:19

So what is your work saying you have? What do you think you have?

SirCumference · 17/01/2023 08:23

I’m not sure I’d expect to get Bank Hols I hadn’t taken paid when leaving a company….

After all, a lot of people would move onto a new role where they’d get bank holidays off; so if you’d got them from your old role too, you’d be essentially getting them twice over, surely?

motherofawhirlwind · 17/01/2023 08:30

If your holiday year is Jan to Jan, just halve your annual entitlement for this year as you're working exactly 0.5 of the year. And then you round up, never down :)

newtb · 17/01/2023 08:41

If you have 30 days it's normally 2.5 days a month.

bruffin · 17/01/2023 08:43

I work it out as due for 6 months
9 days holiday ie 30 x 40%/2
3.6 bank holidays 6x 40%
So 12.6

burnoutbabe · 17/01/2023 08:45

You are entitled to 30 days plus 8 days bank holidays. So 38 days. Pro rate by 2/5

So 15.2 days. You then are due half of that -so 7.6 days. You would need to book any bank holiday you take off (but may not need to book any depending on which days you work -or if you can just work another day that week to make up)

bruffin · 17/01/2023 08:47

SirCumference · 17/01/2023 08:23

I’m not sure I’d expect to get Bank Hols I hadn’t taken paid when leaving a company….

After all, a lot of people would move onto a new role where they’d get bank holidays off; so if you’d got them from your old role too, you’d be essentially getting them twice over, surely?

If you work p/t you are entitled to bank holidays prorata if you don't normally work that day.

bruffin · 17/01/2023 08:53

burnoutbabe · 17/01/2023 08:45

You are entitled to 30 days plus 8 days bank holidays. So 38 days. Pro rate by 2/5

So 15.2 days. You then are due half of that -so 7.6 days. You would need to book any bank holiday you take off (but may not need to book any depending on which days you work -or if you can just work another day that week to make up)

There are actually 9 BH this year (10 if years is Apr to march)
There are 6 bh in the 6 months op is working so she is entitled to 40%of 6 days

FeinCuroxiVooz · 17/01/2023 09:08

a full time employee across the year will work on 221 days but will be paid for 260 days (39 paid leave days)

as 40% fte it should be that across a whole year you work on 88.4 days and are paid for 104 days (15.6 paid leave days) but you are leaving after 26 weeks. it's irrelevant where the bank holidays actually fall in the year, your total Leave entitlement for your half year worked is 7.8 days.

Curlingstone · 17/01/2023 09:39

Thanks everyone. I'm not trying to get any extra than I'm entitled to, but the BH haven't been taken into account and I want to be able to show my workings out. I've been allocated 6 days atm

OP posts:
burnoutbabe · 17/01/2023 09:46

Yes I don't think you actually allocate beck holidays precisely-you take full year allowance and pro rate. Government calculator does it that way.

And amount you get depends on contract. If it says back holidays you get 10 but it may say plus 8 days for bank holidays

bruffin · 17/01/2023 10:38

burnoutbabe · 17/01/2023 09:46

Yes I don't think you actually allocate beck holidays precisely-you take full year allowance and pro rate. Government calculator does it that way.

And amount you get depends on contract. If it says back holidays you get 10 but it may say plus 8 days for bank holidays

You are not allowed to discriminate against p/t staff and if full time staff have been granted a BH then they have to give the p/t staff a prorata day off in lieu if they do not normally work that day.
By 30th June the full time staff will have been given 6 days off in bank holidays so OP will be entitled to 40% of 6 days BH

ripandhishorse · 17/01/2023 10:40

I don't think there is any obligation on an employer to give the extra bank holidays. We won't get the extra day in May. We didn't get the extra for the jubilee either.

bruffin · 17/01/2023 11:07

ripandhishorse · 17/01/2023 10:40

I don't think there is any obligation on an employer to give the extra bank holidays. We won't get the extra day in May. We didn't get the extra for the jubilee either.

It depends on the employer, mine gives the all the bh . But if they do give all the BHs then they have to give it to all staff not just the staff that work that day.

burnoutbabe · 17/01/2023 11:08

I do think if you give full time staff the extra bank holidays off you also need to give part time staff it pro rata -so 2/5 of 10 bank holidays then 50% if leave in June

However I don't think you need to do an exact split of where bank holidays fall.

The government calculator for part time holiday doesn't work that way? It assumes everyone does it first way (else the person who moves jobs mid year would get more bank holidays than entitled to as employer 2 would do it the normal way)

Curlingstone · 17/01/2023 11:28

I think given my colleagues get the additional BH I should too (pro-rata). Otherwise I am definitely disadvantaged as P/T and not working Monday and Friday.

I didn't say anything when they got a Monday off when the Queen died ( it felt a bit petty) but do feel short changed given there are 6 BH in the 6 months til June, none of which have been accounted for.
From what people have kindly worked out above I think I'll ask for 2 additional days (& and will probably end up with 1.5!)
I won't be going to a new job, so won't be gaining any 'extra' over the year. I'm NHS and worn out.

OP posts:
burnoutbabe · 17/01/2023 11:33

You should get the benefit of 1 extra day in 2023 but I think it should only be at rate of now it's 9 days at 40% at 50% of the year.

Not 6 days to June at 40%.

As employer 2 would also do calculations same way and you'd therefore "game the system" if they did it normal way if employer 1 gave you more.

AnOldCynic · 17/01/2023 16:40

burnoutbabe · 17/01/2023 08:45

You are entitled to 30 days plus 8 days bank holidays. So 38 days. Pro rate by 2/5

So 15.2 days. You then are due half of that -so 7.6 days. You would need to book any bank holiday you take off (but may not need to book any depending on which days you work -or if you can just work another day that week to make up)

Oh yeah, forgot to halve it. You are right

KillingEvenings · 18/01/2023 17:28

The only other thing to watch out for is with the 30 days leave, are those contractual? At an old employer we had 25 contractual and then 5 additional "life" days that, they could remove without notice, ie if you were leaving under a cloud.

Curlingstone · 18/01/2023 19:19

@KillingEvenings fortunately leaving on good terms 😊Contract says 6 weeks (30 days).
Responses have been v helpful. Work are in no way going to be obstructive, I just wanted to be able to show my reasoning.

OP posts:
Talipesmum · 18/01/2023 19:32

There are 9 bank holidays in 2023 incl the coronation one, and 6 of them are before the end of June. Going by the book I’d guess you’d be entitled to 40% of 4.5 of the 9, for half the year, but if you want to try, you could ask if they’d consider 40% of 6, as that’s how many actual scheduled ones you’d miss. The first way (exactly half) would be 1.8 days, and the second way would be 2.4 days.

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