Help with holiday entitlement

[Teddy0822]

Need some help understanding annual leave.
I am a part time worker I work 22.hrs per week Monday to friday.
My annual leave year runs from 1st Jan to December 31st.
My contract states 28 days that's including bank holidays.
Having problems understanding how to work out my entitlement.
So for example last year I took 10 days annual leave,then I took a further 8 days a few weeks later,which was all approved,the 8 days I didn't get any annual leave pay at all as I was told I'd gone over my annual leave entitlement,
I have been told to look at my wage slip each month to see how much I've accrued each month.
So for example I've looked at my most current wage slip of end of Feb and so far I've worked 2 months and accrued 132.00 of holiday,I've been told my hoilday is based on hours but the accrued holiday on my wage slip is 132.00 which is in pounds,
Please if I am wrong,I thought you only had to accrue holiday if you are new to a company or started part way through the year,I have been at this company for 5 years,if anyone can help me work out my annual leave and does 2 days or 9 hrs seem enough annual leave for working 2 months so far this year?

Crossed post

Can your employer show where you took your full 28 days annual leave?
Doe ACAS not ask for this info?

I had 10 days paid annual which was fine no problem,I went back to work for 17 days then I took the 8 days annual in November,received my November wage slip,didn't receive the 8 days,I did have 10 days Sick last year,could it of been that,that has caused all this,my contract states they only pay ssp,so if you are off more than 3 days you can get that,I only had a day of here and then,only apart from 5 days consecutively when I caught covid.

In which case you need to go back to ACAS and say that their response is not correct You did not use up your holiday entitlement as you were only pad for 10 days leave plus 8 bank holidays plus the entitlement/accrual is not clear how it is calculated and that it seems not to be in line with the statutory minimum.

So am I right in thinking

you get paid £12 per hour

so 28 days would be 4.5x28=126
126x12=1,512

Similar happened to me last year,I started a new job in March,holidays run from March till March,I was told in July it’s mandatory that a book a week of in July/august,booked said week off,I didn’t get paid for it,said I hadn’t accurd enough holidays!

Did they pay you holiday pay instead of sick pay? If so, then they should not have done that. You are also entitled to accrue holiday when you are off sick.

@Teddy0822 unless they put your sick leave through as annual leave then sick leave should not affect your holiday entitlement. If they had put it as holidays you would have got holiday pay and not SSP

They have closed the case,all they sent me acas was a certificate for a tribunal to claim the money back,the woman wasn't very helpful from acas,she kept saying,I can't say if your right,their wrong,all I want Is help on understanding how this annual leave is being worked out and why I have to accrue is,is it because I am a part time worker? Is it done differently if you are a part time worker,I feel like I'm not getting any concrete answers and 1 person says one thing another person says another,and this has been bugging me since the end of November last year

No one I know working part time or other accruals their holiday after 1 year.

When working part time, annual leave is pro rata. That’s pro rata of 28 days x 7.5 hours =210 hours per year

You would get 210 hours / 37.5 hours x 22 hours =126 hours

It gets a little more complex when someone works 22.5 hours over 3 days as you need to work out their leave via hours rather than days

However as you work a 5 day week it is super simple. You get 28 days x 4.5 hours =126 hours. You can take the 28 days including bank holidays

@CornishDewwe know that. The OPs employer is not allowing her to take her full entitlement.

Only 2 days ago I heard from the conciliation officer,I'm not good with these things,she said said my employer made a response to my claim and that I am not owed anything and that her job is exhausted meaning there's nothing else she can do on her part,apart from me going to a tribunal

It clearly states on my contract 28 days,yes I work part time I work 5 days per week,just because I am not not full time doesn't mean I'm not entitled to 28 days,because I work Monday to friday that's why I get 28 days

The only other thing I would suggest then is to raise a formal grievance.

Write to your employer stating that you were not paid for your statutory holiday entitlement.

State that you are entitled to the statutory minimum of 28 day holiday to include bank holidays and that last year you were only paid for 10 days holiday plus 8 bank holidays leaving you 10 days short.

As a part time worker state that one holiday day should consist of 4.5 hours x your usual hourly rate of £12 per hour so one day holiday should be paid at £54 per day. Your contract may state how holiday accrues. ours states 1/12th each month or they may use 12.8% of hours worked.

Exactly,that's what I have always thought,you only have to accrue holiday if you have only just started a job or starting part way through the year.

I did raise a formal grievance first with my employer first,I asked a alot of questions,which I might add took him a month to reply to,all the answers in a nut shell he gave was I am a part time worker,it's based on hours worked

You need to move to the next stage then. You can appeal the outcome of the f=grievance and base your appeal on the fact they are using an incorrect method of calculating your entitlement.

was I am a part time worker,it's based on hours worked

Whilst this is true they have not provided a clear explanation of how they are calculating the entitlement. It is certainly not based on the standard ways detailed on gov.uk

This was my break down of last year of annual leave and sick leave which I requested

Ultimately it may mean going to tribunal but you have to make sure you exhaust the grievance/appeal procedure first.

Highly frustrating, but following the process gives you the best chance.

based on your part-time hours, you should be entitled to around 16.5 days of annual leave per year, including bank holidays.

Can you show the column titles without identifying information