holliday entitlement

[bambisoloved]

my daughter works for a bakery, she gets 28 days holliday a year and works 16 hours a week over 3 days
her employer says she has to take 5 days of her holliday allowence if she wants to have a full week off
this cant be right can it ? she should only need to take 3 days of her holliday allowence to cover the days she works to take a full week off
this has gone on for the last 4 years
can anybody advise my daughter please
thank you

bambisoloved

[enaid]

Re: holliday entitlement

Hi,
Here is info from ACAS regarding holiday entitlement, it should help make things clearer.
If you still are unsure give them a call they are very helpful indeed.
http://www.acas.org.uk/CHttpHandler.ashx?id=955&p=0

Enaid x

[bambisoloved]

Re: holliday entitlement

thank you enaid for that information

have had a quick look on the site you gave me and it has a lot of useful info but i cant find anything about my question about my daughters employer asking her to book 5 days of her holliday allowence if she wants a whole week off when she only works 3 days a week
i think she should only have to use 3 of her holliday entitlement if she works 3 days to take a week off
does this make sense to you?
hope you can help

bambisoloved

[enaid]

Re: holliday entitlement

Part-time workers
Paid holiday entitlement is calculated pro-rata for part-time workers.

So if a member of staff works three days a week, they are entitled to 16.8 days (5.6 x 3).

Bank and public holidays can be included as part of your minimum 5.6 weeks' holiday entitlement.

So if your daughter books 3 days off (the days she normally works) she would have 13.8 days left.

The way her boss is doing it she would only have 8.8 days left. If she had 2 weeks off according to her boss she then would only have 3.8 days left, which would not even give her 3 weeks holiday.
I do think you should ring ACAS and also check her employment contract and make sure there is nothing in there that can allow this to happen.
I have worked part time and I have never had that happen to me.
You should mention to ACAS too if this has been going on over the past 4 yrs and her boss is wrong in doing this, is there any way she can be compensated for hols or hol pay lost over that period.

[bambisoloved]

Re: holliday entitlement

dear enaid

thank you for your advice

my daughter rang acas yesterday and she said they were very helpful
they have confirmed that what they are doing is againt the law and suggests she write to them asking to correct her holiday entitlement immediatly within 14 days
if they dont acas advice taking them to a tribunal
my daughter is encouraged by this and wants to persue this
apparently many other workers have done this for other illigal practices
which explains why there is a high turn over of staff


bambisoloved

[enaid]

Re: holliday entitlement

I am pleased that you have found the answer to your question, I have dealt with ACAS so know how good they can be.
Please let us know the outcome, as not only would we like to know the result it will maybe help others with similar problems in the future.
Thanks Enaid x

[bluebottle]

Re: holliday entitlement

I used to work 21 hours a week over 3 days in my last job, before I had to give up work due to FM. I can assure your daughter she only needs to book 3 days, yes, 3 days annual leave. Either her employer is extracting the yellow stuff or clearly doesn't know the annual leave laws. I've found that ACAS are very good with advice, which is impartial and free.

[charitynjw]

Re: holliday entitlement

ACAS also offer a mediation service.

http://www.acas.org.uk/index.aspx?articleid=2009