Holiday entitlement for part time staff
Discussion
Hi all, can I just senses check something regards Bank Holidays and holiday entitlement.
2 members of staff both doing 20 hours a week, they each get 112 hours/year entitlement. One of them works every Monday and the other never works a Monday. Clearly the one who works every Monday will in effect have less actual holidays as the Bank Holidays will eat into her entitlement.
Is this right? It seems that the one who never works a Monday gets a better deal as she gets more time off?
2 members of staff both doing 20 hours a week, they each get 112 hours/year entitlement. One of them works every Monday and the other never works a Monday. Clearly the one who works every Monday will in effect have less actual holidays as the Bank Holidays will eat into her entitlement.
Is this right? It seems that the one who never works a Monday gets a better deal as she gets more time off?
https://www.gov.uk/holiday-entitlement-rights/enti...
The statutory minimum is 5.6 working weeks per year, i.e. 28 days for a full time worker, but pro-rated for part time, so your 112 hours is correct.
Bank holidays are not separated out, so for most people the above translates to 20 days holiday + 8 bank holidays. There is no automatic entitlement to paid leave (or unpaid leave) on a bank holiday.
Therefore, in theory the days worked should not affect the overall level of paid vacation received. However, the above can all be over-ridden (upwards!) by an employment contract. If this is a real case, I'd look there before taking any further action.
The statutory minimum is 5.6 working weeks per year, i.e. 28 days for a full time worker, but pro-rated for part time, so your 112 hours is correct.
Bank holidays are not separated out, so for most people the above translates to 20 days holiday + 8 bank holidays. There is no automatic entitlement to paid leave (or unpaid leave) on a bank holiday.
Therefore, in theory the days worked should not affect the overall level of paid vacation received. However, the above can all be over-ridden (upwards!) by an employment contract. If this is a real case, I'd look there before taking any further action.
Edited by schmunk on Tuesday 3rd March 13:25
sorry for thread hijack but this is timely, as I've an issue at a company where i'm currently contracting.
Part time employee, 4 days/week, Mon-Thurs. His entitlement is 25 days annual holiday, plus 8 bank hols = 33.
The person doing HR has pro-rated his holidays down by 4/5ths, ie 26 days including bank holidays, but is then manually deducting all the bank holidays from his holiday form, leaving him with 16 days available as bookable leave.
(The complicating factor is that the holiday year runs form 1/4/15 to 31/3/16 so in this year we actually get 10 days bank holidays (2 x Easter)).
I want to speak to the contracted lawyers about this, but does the internet think that:
a) she should be reducing his allowance by removing the bank holidays up front?
b) should she not be doing the same for all the full-time employees?
c) surely for part-time workers the leave allowance is pro-rated, but bank holidays are left aside, ie he should have 20 days plus whatever bank holidays fall in the holiday year?
Every time I bring it up, I get the brush-off but I really don't think this can be right?
Part time employee, 4 days/week, Mon-Thurs. His entitlement is 25 days annual holiday, plus 8 bank hols = 33.
The person doing HR has pro-rated his holidays down by 4/5ths, ie 26 days including bank holidays, but is then manually deducting all the bank holidays from his holiday form, leaving him with 16 days available as bookable leave.
(The complicating factor is that the holiday year runs form 1/4/15 to 31/3/16 so in this year we actually get 10 days bank holidays (2 x Easter)).
I want to speak to the contracted lawyers about this, but does the internet think that:
a) she should be reducing his allowance by removing the bank holidays up front?
b) should she not be doing the same for all the full-time employees?
c) surely for part-time workers the leave allowance is pro-rated, but bank holidays are left aside, ie he should have 20 days plus whatever bank holidays fall in the holiday year?
Every time I bring it up, I get the brush-off but I really don't think this can be right?
Edited by Zelda Pinwheel on Tuesday 3rd March 13:36
Zelda
If the office/factory/whatever is closed on bank holidays, meaning the employee cannot work on those days whether he wants to or not, HR's approach is reasonable (and sensible).
If the employee has more flexibility on when to take his holiday entitlement, then another approach would be justified (if the employee wants it, of course).
If the office/factory/whatever is closed on bank holidays, meaning the employee cannot work on those days whether he wants to or not, HR's approach is reasonable (and sensible).
If the employee has more flexibility on when to take his holiday entitlement, then another approach would be justified (if the employee wants it, of course).
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