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Pro-Rata A/L entitlement

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  • Pro-Rata A/L entitlement

    Today, 11:52:AM
    Hi all, I’m new here and will try and keep this as concise as possible, as I am being made to feel I am completely mad by my employer.

    I started a new job a few months ago (Nov 2021), I work 4 hrs a day over 5 days (Mon-Fri), totaling 20 hours a week. Full timers do a 8 hr shift everyday Mon-Friday.

    FT a/l entitlement is 30 days PLUS 8 public/bank holidays. I should have the same but on a pro-rata basis. The leave year starts 1 April - 31st March.

    Employers units of a/l are in days not hours. They have advised me I have 6.5 days entitlement rounded up to 7, between November 2021 to March 2022. This seems wrong somehow? I worked out it should be 11.25 days and I am at a loss, and they advised my full year entitlement is 15.6?

    I think what they are doing is saying my 4 hours per day equate to 2.5 FT days a week and calculating my leave this way, but when i try to take a week off using their system 5 whole days are removed from my entitlement instead of 2.5?

    I basically need 5 days leave to take a week off when using their leave system and I’m not getting 6 weeks worth of my working week when I look at my yearly entitlement they’ve given me. ACAS have said at the minimum I should be entitled to 5.6 weeks of my weekly hours in annual leave and I’m clearly not getting that. ACAS advised they can’t do my calculation for me, but they hours I work a day become pretty irrelevant when working everyday Mon-Friday.

    My HR dept said the calculation they have given me is correct, does that mean the way the system deducts the leave per day is wrong then? Somewhere I am losing out big time and I don’t k know what to do. Many thanks for any input.
    Tags: None

  • #2
    Try here https://www.gov.uk/calculate-your-holiday-entitlement

    Comment


    • #3
      My view is that your HR department is not working your holiday entitlement correctly.

      You can use the link below to show how your holiday entitlement would be worked if your company just offered statutory minimum:

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

      However, since your new employer provides more than statutory the principles of the calculation will be the same but should take into account the enhanced holiday.

      What I think your HR department has not understoond is that since your leave entitlement is calculated on days and not hours and you work 5 days per week you will need to take 5 days holiday to take a week off work. Yes this is the same as a full time person who also works 5 days per week. Where the difference lies is in the fact that your holiday pay will be based on 4 hours per day rather than 8 hours per day. Hope that makes sense.
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      Comment


      • #4
        Thank you both for your responses. I am at loggerheads with my employer now, I have shown them the above and they are still insisting they are right. I booked 2 days a/l (I work 4 hours a day, so half days) just to see how it is deducted on the system and it states 2 days deducted - hours 8. They don’t use hours as units so they told me to ignore the hours shown, just the days. I feel so deflated and confused. Is anyone able to tell me what else I can say or do. The 7 days they have given me will be used in a flash at this rate :-(

        Attached Files

        Comment


        • #5
          Has all of your discussions with them over this matter been verbal?

          Have you asked them to check via the government website we have linked you to? If not then I would suggest that you maybe ask them to do that, even with you present, before you take it further. Hopefully that will convince them they have got it wrong.
          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment

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