Holiday Entitlement when part time, advice please.

[bexVN]

Hi, I am starting a new job in September, 21.5 hours per week over 2.5 days Tuesday, Wednesday and Friday.

I have just received my contract and it is stating that I will get 15 days holiday including Bank Holidays.

Does this mean I will be expected to use up my holiday allowance on days that I don't actually work because if I take out the bank holidays that leaves just 7 days for holiday which is just under 3 weeks.

I am obviously going to query it with them but would appreciate some knowledgeable advice so I know if I have a reasonable concern here or not

My last practice I didn't work Mondays either and so I just used my days holidays for the days I took off, so I had just over 5 weeks holiday.

Thank you in advance

[miniman]

Sounds like the full time allowance is 26 days incl bank holidays which is not terribly generous but the statutory minimum which can include bank holidays for your hours is 5 days.

https://www.gov.uk/calculate-your-holiday-entitlem...

[bexVN]

Thank you, does this mean I have to take a Bank Holiday Monday as a holiday day even though I would normally be off on those days anyway, that is what seems a bit unfair to me.

[miniman]

Not sure how that would work. I guess they would have to allow you to transfer those days to a working day.

[bexVN]

Yes, definitely need to clear that up with them I think, thanks.

I have young children, I need all the days I can for half terms and the like!

[Cyberprog]

From memory when I worked this out for a client, the rule is that if you would normally work on that day, then you get a paid day off. If you don't, you don't.

[bexVN]

Cyberprog said:

From memory when I worked this out for a client, the rule is that if you would normally work on that day, then you get a paid day off. If you don't, you don't.

That would be better! I will talk to them next week and clarify. thank you

[Cyberprog]

Looking at the data that we used for that decision, it was an EAT with Capita that swung in favour of no time off if they didn't work that day. However, that was based upon a 7-day a week operation, if the company was a M-F operation a part timer *may* be disadvantaged by this policy, and conversely they may be entitled to time off as a result of the Part Time worker legislation.

IANAL, just a Developer tasked to develop stuff based upon my instructions where there was some back and forth about part timers!

[davepoth]

https://www.gov.uk/holiday-entitlement-rights/enti...

I think that calculation might have been a bit shonky. The entitlement is to 5.6 weeks' holiday a year, including bank holidays. If you work 2.5 days you'll get 5.6 weeks' holiday based on only having to take 2.5 days off a week, which is 14 days, so you are one day over the statutory level.

The way it worked at the previous place is the way it should work at your new place.

[bexVN]

davepoth said:

https://www.gov.uk/holiday-entitlement-rights/enti...

I think that calculation might have been a bit shonky. The entitlement is to 5.6 weeks' holiday a year, including bank holidays. If you work 2.5 days you'll get 5.6 weeks' holiday based on only having to take 2.5 days off a week, which is 14 days, so you are one day over the statutory level.

The way it worked at the previous place is the way it should work at your new place.

This I understand and if I was working Mondays it'd be fine but will why should I be forced to use holiday up on a day I wouldn't be working anyway? Can they make me do that? This will then reduce my weeks as if I booked a week off that had a bank holiday I'd be booking 3.5 days wouldn't I?

If it came to it I think I'd rather have bank hols as unpaid leave.

Edited by bexVN on Sunday 2nd August 11:31

[Du1point8]

The wording says holiday including bank holidays.

So doesn't that mean that if you were working that day then you get it off, if not then that holiday doesnt apply to you.

So if it was 15 days including bank holidays and you only work Thursday/Fridays then it would mean you only get hose bank holidays for Fridays, so in the case of 2016, it would be

1 January Friday New Year’s Day
25 March Friday Good Friday

so you get 2 out of the 8 possible BH, so in fact it actually means 15 days - 8 bank holidays = 7 days actual holiday and any bank holidays you qualify for, so that is 2, making your holiday entitlement = 9 days total for 2016.

Or am I completely out for this and OP is expecting bank holidays to be totted up even if OP is not working on the monday, as that not the OPs day to work so should be allowed to take off at some other point?

[bexVN]

Hi.I don't quite follow your last paragraph.

Even part timers are entitled to 5.6weeks holiday this would be about 13 days.

7 days would be less than 3 weeks 2 b.hols= 3 weeks.

I am not after something for nothing, I just want to know if they can make me use up holiday days for a day I would not have been working anyway which is 5 Mondays.

My husband had a colleague who worked every other Monday so he'd get a day in lieu if a b.hol fell on his Monday off. I'm not interested in that I just want my days to be used on days I would be otherwise working.

[Du1point8]

bexVN said:

Hi.I don't quite follow your last paragraph.

Even part timers are entitled to 5.6weeks holiday this would be about 13 days.

7 days would be less than 3 weeks 2 b.hols= 3 weeks.

I am not after something for nothing, I just want to know if they can make me use up holiday days for a day I would not have been working anyway which is 5 Mondays.

My husband had a colleague who worked every other Monday so he'd get a day in lieu if a b.hol fell on his Monday off. I'm not interested in that I just want my days to be used on days I would be otherwise working.

But you aren't working bank holidays (except for Friday ones) so are only entitled to those 2 days and not the other 6... Sounds like you got a generic contract for part timers stating X days including bank holidays, instead of a bespoke one stating X days - Y bank holidays not worked.

[bexVN]

OK so I need to establish if 15 days inc b.hols actually just means any b.hols I'd be working (so the two previously mentioned) and not all of them. If so that almost seems too generous!

Sorry if I'm going round in circles. I've never started a new job as a part timer so not had to think about this, I became part time at my last place and by then I knew I could trust my boss and head nurse to get it right!

[Du1point8]

bexVN said:

OK so I need to establish if 15 days inc b.hols actually just means any b.hols I'd be working (so the two previously mentioned) and not all of them. If so that almost seems too generous!

Sorry if I'm going round in circles. I've never started a new job as a part timer so not had to think about this, I became part time at my last place and by then I knew I could trust my boss and head nurse to get it right!

Yep... thats all that needs clarifying, just stops the confusion later if you try and take a day off for a bank holiday you are not entitled for, as bank holidays are not usually given as days in lieu unless you work them, you just don't get the choice as a full timer.

[bexVN]

Thank you Du1point8.

I appreciate everyone's input, just been good to know what I should/ should not be expecting, when I get in touch with them, fingers crossed it will be an easy clarification!

[bexVN]

Quick update. Du1point8 you were spot on,they confirmed it would only be b. Holidays I'd be due to work (so the Friday ones) so very happy with that, obviously!

Thanks again for everyone's replies, if nothing else they helped get my head round it all

[Mexican cuties]

Let's face it bex you give enough animal advice to us which is much appreciated