Statutory holiday pay

[daveyjj]

Please could someone help me with this. I work a 4 day week, Monday to Thursday 10hr days working a total of 40 hours per week. Here is the exact wording on my contract.

"Holiday As a full time employee you will be entitled to take 17.5 days (176 hours) paid annual holiday exclusive of any bank / public holidays entitlement each year. The holiday year runs from 1st January to 31st December each year. Holidays will accrue at the rate of 1/12th of your annual entitlement for each complete month of service during the first holiday year. You are not permitted to carry over any used holiday to the next holiday year. Any holidays not taken in the year they accrue will be lost."

I've asked my manager/director to look at this as I feel sure this should be the standard 22.4. he has come back to me and said that he's within his rights to give 17.5. is he correct?

Kind regards and thanks
Dave..

[ULA]

Statutory holiday entitlement working 5 days a week is 20 days plus 8 bank holidays = 28 days or 5.6 weeks. Any less days worked in a week it is a pro-rata entitlement of this.

However what you have set out is that "As a full time employee you will be entitled to take 17.5 days (176 hours) paid annual holiday exclusive of any bank / public holidays entitlement each year." I have two observations:

1. Although you work 40 hours a week which may be full time contractual hours it is over 4 days, so for holiday this is a pro-rata entitlement. The wording in my view is poor and misleading.

2. It says exclusive of bank/public holidays so the calculation is 20 / 5 x 4 = 16 not the 17.5 as is stated.

Ultimately though back to my original point that statutory holiday is 28 days, then your entitlement based on working 4 days per week is as you have stated

28 / 5 x 4 = 22.4 rounded up to 22.5 days.

Hope that all makes sense.