Part time work holiday entitlement question

[mclarnon]

Hi everyone, I'm new to the forum so sorry to just jump in with a question.

My other half believes that she might not be getting her full holiday entitlement and this may have been the case for a few years.

We have tried the holiday calculator on the .gov site but we found the syntax a little confusing.

Basically she's a hairdresser who works in a salon, her weekly days and hours are as follows:

Wed - 9am - 3 pm (5.5 hours)
Thurs - 9am -3pm (5.5 hours)
Fri - 9am - 5pm (7 hours)
Sat - 8.30 - 12.30 (4 hours)

The hours per day are in brackets and are excluding her lunch break for which she doesn't get paid. So basically she works 22hrs per week. She also gets one Saturday off in every four weeks - so this would come down to 18hrs. Her employer says she's entitled to 15.5 days paid leave per annum - does anyone know if this is correct? My other half has approached the lady in charge of this and she's adamant that's she is correct.


Thanks!
paul

[vanman]

Re: Part time work holiday entitlement question

so she works 4 days a week yes
4days = 1week
4s into 15.5 = 3.875 so that will make it almost 4 weeks at 18hrs pw off work yes

[mclarnon]

Re: Part time work holiday entitlement question

so she works 4 days a week yes
4days = 1week
4s into 15.5 = 3.875 so that will make it almost 4 weeks at 18hrs pw off work yes

im sorry - got a little confused with your reply, are you confirming that her employer is correct?

[vanman]

Re: Part time work holiday entitlement question

no i was just pointing out that with the 15.5 days the employer says she is entitled to
she will get about 4 weeks off with pay.

is her contract for the 3.5 days a week or is sat overtime.

[mclarnon]

Re: Part time work holiday entitlement question

Thanks for the reply - she doesn't have a contract and Saturday is counted as a whole day.

[des8]

Re: Part time work holiday entitlement question

But she is working part time.
The 5.6 weeks statutory holiday entitlement is 12.07% of hours worked over a year.
To calculate part timers take the number of hours worked over 46.4 weeks (ie 1 year less holiday time)
(46.4 x 22 <ignoring missing Saturday>x 12.07%= 123.21 hours.
On a 22 hour working week this is equivalent to over 5 weeks

[mclarnon]

Re: Part time work holiday entitlement question

Thanks Des - everyone I ask says something different. So are
you saying that her employer is correct then?

[vanman]

Re: Part time work holiday entitlement question

But she is working part time.
The 5.6 weeks statutory holiday entitlement is 12.07% of hours worked over a year.
To calculate part timers take the number of hours worked over 46.4 weeks (ie 1 year less holiday time)
(46.4 x 22 <ignoring missing Saturday>x 12.07%= 123.21 hours.
On a 22 hour working week this is equivalent to over 5 weeks

the OP says that it is 18hrs per week

https://www.gov.uk/calculate-your-ho.../full-year/3.5

Calculate holiday entitlement

1. Is the holiday entitlement based on:
   
   days worked per week
2. Do you want to work out holiday:
   
   for a full leave year
3. Number of days worked per week?
   
   3.5

The statutory holiday entitlement is 19.6 days holiday.


The employer:

• can include bank and public holidays as part of the statutory entitlement (new years day /good Friday )
• must not round down the holiday entitlement, but may round it up
• must provide holiday pay during the statutory leave
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’

[des8]

Re: Part time work holiday entitlement question

Not really.
I just picked up on he fact your daughter and employer had a difference of opinion and you found gov site confusing.
Vanman then calculated on basis of 4 days a week that your daughter was entitled to almost 4 weeks off.
As a matter of curiosity I did a calculation on an hourly basis and reckon she should get over 5 weeks (but I didn't take into account the Saturday off).
Which is correct I'm not sure, but certainly would like to see employers calculations written down as IMO she should be getting more than 15 days.
!5 days is 4 weeks on basis of an 8 hour day ie 120 hours, but as your daughter does not work an 8 hour day her time off should IMO be calculated hourly and the time off split over HER working time. If she only works 5.5hours in a day, but every day off is calculated at 8 hours she loses 2.5 hours of holiday entitlement (I think!)

[des8]

Re: Part time work holiday entitlement question

Alternatively (on basis 22hours per week worked... half hour lunch break not included).... the site you quote agrees with my hourly figures!
https://www.gov.uk/calculate-your-ho...k/full-year/22

1. Is the holiday entitlement based on:
   
   hours worked per week
   Change
   
2. Do you want to work out holiday:
   
   for a full leave year
   Change
   
3. Number of hours worked per week?
   
   22
   Change

The statutory entitlement is 123 hours and 12 minutes holiday.

The employer:

• can include bank and public holidays as part of the statutory entitlement
• must not round down the holiday entitlement, but may round it up
• must provide holiday pay during the statutory leave
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement

[mclarnon]

Re: Part time work holiday entitlement question

Thanks guys.

Des - it's my girlfriend not a daughter - I'm 33

it seems that even with the the effort you fellas put in that it's still a little unclear as to the law?

[des8]

Re: Part time work holiday entitlement question

Sorry..... just put it down to my age and having 5 daughters!

In the absence of further advice from others, or more discussions with Vanman I would (funnily enough) discuss with employer on the basis of hours worked = holiday hours due.
Your OH does not work a standard 8 hour day or 4 hour half day so her entitlement should IMO be calculated on an hourly basis, and the holiday entitlement taken on an hourly basis.

If you look a the ACAS site, they show basically the same hourly calculations: http://www.acas.org.uk/media/pdf/d/4...oliday-pay.pdf

If a member of staff works on a casual basis or very irregular hours, it is often
easiest to calculate holiday entitlement that accrues as hours are worked.
The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of hours
worked over a year.
The 12.07 per cent figure is 5.6 weeks’ holiday, divided by 46.4 weeks (being
52 weeks – 5.6 weeks). The 5.6 weeks are excluded from the calculation as
the worker would not be at work during those 5.6 weeks in order to accrue
annual leave.HOLIDAYS AND HOLIDAY PAY 7
So if someone works 10 hours, they are entitled to 72.6 minutes paid holiday
(12.07/100 x 10 = 1.21 hours= 72.63 minutes).

[mariefab]

Re: Part time work holiday entitlement question

Your girlfriend's working pattern is wed-sat (4 days) for 3 weeks and wed-fri (3 days) every 4th week.
So, she works 3.75 days per week for the purpose of calculating her holiday entitlement.

She is, therefore, entitled to a statutory minimum of 21 days paid holiday per year.
This can include bank/public holidays.

[concernedperson]

Re: Part time work holiday entitlement question

I am part time well my contract is for a 15 hour week 5 x 3hour shifts plus overtime but my holidays work out at 90 hours six weeks at basic pay, this has caused arguements as full time staff like my manager only get four weeks admittedly at 8 hour days.