• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Holiday entitlement query

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Holiday entitlement query

    My normal working week is 4 days and my holiday entitlement has been 22.4 days per year (5.6 x 4). I work bank holidays when they fall on my usual working day. The company I work for has recently introduced a new payroll/employee management system. We use this system to check our rota, book holiday, access payslips etc. There have been a fair few ‘teething problems’ but they believe they are sorted now.

    My holiday entitlement has now been reduced to 21 days. When I click on the link for how this is calculated I get the following. “If you’re a flexible employee, you’re entitled to 5.6 x the AVERAGE days per week worked over the last 52 weeks per year. E.g. if you work on average 3.81 days per week you would be entitled to 21 days paid holiday a year.

    I think my average has been affected by 2 or 3 weeks in January when I worked a 3 day week. I work in a retail setting where traditionally trading is much reduced during January and February, therefore staff are taken back to their contracted hours (my contracted hours are 20, although that’s another story!). During this time my manager asked if I would prefer to work a longer day and therefore less days during the week. A no brainier really, so opted for the longer days over 3 days. There was no mention that this may have repercussions on my holiday entitlement. To be fair, I doubt my manager would have known this at the time as this new system wasn’t in place then.

    I completely understand that holiday PAY is worked out and paid at an average rate.

    A couple of questions arise from this.

    1. If holiday entitlement is worked out on an average of days work, surely the entitlement would change all the time.
    2. If I want a week off, I still need to request 4 days annual leave.
    3. 5.6 x 3.81 = 21.33. I don’t think they can round down (yes, I know it’s only .33 of a day, but still.)
    4. There has been no communication from the company regarding any change in how holiday entitlement is worked out.
    5. Does this not take the entitlement below the legal minimum.

    My son and his girlfriend also work for the same company. My son is a salaried employee and his entitlement is shown as 28 days. However his girlfriend is hourly paid (like me) and using this system of average days worked her entitlement has been worked out at 26 days. Their shift pattern is identical in terms of day’s worked, some weeks she can work an hour or so less. Surely this can’t be right?

    I haven’t officially approached the company regarding this, as I wanted to make sure that I wasn’t misunderstanding the way holiday entitlement is worked out.

    Many thanks for reading, and any help would be gratefully received.
    Tags: None

  • #2
    1 It will, and that need not be wrong.

    Comment


    • #3
      1. What does your contract of employment state, i.e. are you on a four day a week contract?
      2. Did you only move to a 3 day week on extended hours for a limited period of 2/3 weeks?

      If the answer is yes to the above questions then my view is that maybe they have calculated your holiday entitlement incorrectly as you are not a flexible worker where you work a different number of days per week on a regular basis.

      If it was me calculating your holiday entitlement I would do so on the basis a 22.4 days pro-rata for 49 weeks (taking that you worked 3 days for 3 weeks) and 16.8 (annual holiday entitlement for someone working a contractual 3 days per week) days pro-rata for 3 weeks.

      22.4 / 52 * 49 = 21.11 plus 16.8 / 52 * 3 = 0.96 = 22 days leave for the year.

      In respect of your son's girlfriend, what does her contract state about the number of days she works per week?

      I am just wondering if for hourly rated staff, where you work a contracted number of days per week, they are confusing the calculation for holiday entitlement with the way holiday pay is calculated?

      Just my thoughts.



      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 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

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse

      Welcome to LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X