Holiday Entitlement

[Tally]

Does anyone know anything about how much paid holiday I should be entitled to?

 

My boss says I have taken all my holiday entitlement until the end of next March, and so I am not being paid for the week I recently took off. I was hoping for another week in February!

 

Apart from the one I am not being paid for, I have taken one full week, two odd days, and all 8 bank holidays. I work part time spread over 4 days per week. Surely after the bank holidays I should be entitled to more than 1.5 weeks off?

 

All my boss will say is, "it's pro rata." I get that I am entitled to less total hours of holiday because I only work part time, but surely it should add up to the same number of weeks as a full timer?

[lucyemma]

Had a quick search and found this www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_184563. Click on the section on holiday entitlement:- the basics. The example it gives is for someone who works part time for 4 days a week and the holiday entitlement is given as 22.4 days as a minimum entitlement and this can include bank holidays. If you've had a full week off (which would be 4 working days), 2 odd days and 8 bank holidays then that's only 14 days. Have a look at your employment contract and see what that says regarding holidays, then take a print out of that web page and see what your boss says.

 

Hope that helps

 

Lucy

 

Hope the link works

[chris54]

I suspect that the boss is not applying the "pro rata" bit right.

 

Holiday entitlement is either worked out in hours per year or days per year. Either way your entitled to the hours/days Holiday is directly proportioned to the hours/days you work compared to the normal hours/days worked by full time staff.

 

Hope that make some sort of sense

[Tally]

It would work out least favourably if they worked it out in hours, because I work my longest shift on a Monday and most bank holidays are Mondays.

 

According to Lucy's link that means I am still entitled to over 3 weeks after the bank holidays. Not even being allowed a clear fortnight away from work did sound very wrong.

 

My manager is going to phone up the boss and tell her he thinks she has made a mistake. If that doesn't work I will write her a letter.

[Karen A]

It would work out least favourably if they worked it out in hours, because I work my longest shift on a Monday and most bank holidays are Mondays.

 

According to Lucy's link that means I am still entitled to over 3 weeks after the bank holidays. Not even being allowed a clear fortnight away from work did sound very wrong.

 

My manager is going to phone up the boss and tell her he thinks she has made a mistake. If that doesn't work I will write her a letter.

 

Do you have a cotract from when you started work ?

 

Karen.

[chris54]

A point also to remember is that it is worked out on contracted hours. A lot of p/t workers end up working more hours/days than they are contracted to work covering other staff who are off work or when there is extra demand.

Holiday entitlement is based only on contracted hours/days and not on what you actually work.

[Tally]

OK, I am now clear that my boss has made a mistake. My manager has phoned her to tell her he thinks it is a mistake and she still thinks she has not. A new starter at the other shop is currently refusing to sign her contract due to an issue with holiday entitlement, and the manager there only receives 3 weeks paid holiday after bank holidays, which also sounds wrong.

 

My boss is related to the couple who were recently abducted on honeymoon in South Africa and the woman was murdered, so this is a bit of a difficult time for her and she is visiting the family this weekend, so I am going to leave it and see if she gets back to me by the end of next week after my manager's phone call.

 

In the meantime I am going to try to get an appointment with the Citizens Advice Bureau to check my calculations are correct. It's complicated because my contracted hours changed from 21 to 24 mid-way through this holiday year. But even based on 21 hours I am entitled to far more than I have been paid. I am planning to start by sending a letter showing my calculations. I will see what the CAB say about this. Hopefully I won't have to excalate it to a formal complaint or anything.