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Bank holiday entitlement for part timers: ask the expert
Bank holiday entitlement for part timers: “I work part-time, 12 hrs per week over a Monday & Tuesday. My employer used to give us the bank holidays for free, but now because other people, who don’t work a Monday & don’t get any benefit from the bank holiday, have complained my boss has had to look into things. I have now been told that I am only entitled to three weeks holidays because I get the advantage of the bank holidays. Is this right?”
Employees are entitled to a minimum of 5.6 weeks paid annual leave. This is 28 days for someone who works five days a week. Bank and public holidays may be included in the minimum entitlement and there is no statutory right to be paid bank and public holidays on top of that entitlement. As a part-time worker you are entitled to the same amount of holiday pro rata. I understand that you work Monday and Tuesdays each week. If these two days are regarded as full days you would be entitled to a minimum of 11.2 days holiday each year which would be rounded down to 11 days. It seems from your email that you are receiving holiday entitlement in excess of the minimum entitlement especially since it is possible that six hours each day (totalling 12) would arguably not be a full working day.
Your employer has in the past given you a bank holiday off for free, by which I assume that you mean that you have been paid for that bank holiday without it counting towards your holiday entitlement. Your employer appears to be stating that your holiday entitlement has been reduced to three weeks (presumably pro rata) as a result of other workers, who do not get the benefit of the free bank holiday, complaining.
Your employer cannot suddenly reduce your holiday leave entitlement without your consent and without consultation. If he does so, then you potentially have a breach of contract claim which could entitle you to resign and make that claim. Also you might have an unlawful deduction of wages claim if the likely result of this is a change/reduction in pay. From a practical perspective, however, it is unlikely that you would want to resign over this issue. Instead I would suggest raising this initially informally indicating that as far as you were concerned this was part of your contractual terms and it is not possible therefore for your employer to make a unilateral change just because others had been complaining. If that does not work then you could raise a grievance about it. Failing that, you could resign, but I would have said that it might be better to try to negotiate either a slight increase in pay or some other concession in kind rather than taking such a drastic step.
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Comments [157]
Noreen says:
Hi i had take 1 year maternity started from 17/04/17 and returned on the 10/04/2018.. i have decided to take monday off and work from Tuesday-Friday in total 31.5 hours. HR have informed me my holiday entitlement is 14.5 days. Can you please help me on this as im thinking i should really have more days of. My holiday renew every January. Look to hear back from you.
Mandy Garner says:
Hi,
It would depend on what full timers in your organisation do, but they should get at least 28 days, including bank holidays off. If you are working four full days then you would get four fifths of what full timers get, which should be at least 22.4 days off [based on full-timers getting at least 28 days]. If full timers in your organisation get 28 days, you can calculate what you should get based on hours worked at week here – https://www.gov.uk/calculate-your-holiday-entitlement
Myra McAllister says:
I work full time Mon-Fri 7.25 hours each day(28 years with same company) We get 8 bank holidays (this include Xmas and New Year). I now want to work 4 full days a week. I am unsure whether to take Monday or Friday off. Would I benefit
more by taking off Friday, as bank holidays are always on a Monday (with the exception of Xmas and New Year) and if I did take off Fridays would they take the bank holiday Monday off my holiday entitlement?
Mandy Garner says:
Hi,
You would still get the same amount of days holiday pro rata if you took Friday or Monday. However, you would have less ability to choose which days you took on a Monday [if you worked a Monday] as you would have to take the Bank Holidays off and most fall on Mondays. As you would have reduced holiday entitlement [four fifths] you would find yourself with less leeway over when to take holidays.
M says:
Hi, I have been working in a cafe Monday to Friday, 4 hours a day/ 20 hours a week for the last three and a half months. I was always asked not to come to work on bank holidays even if the store was open some of those days. Should I have been paid for those days? I didn´t ask for time off, I was just told not to come. I don´t have a contract and we never discussed this subject. The job is permanent. Thank you.
Mandy Garner says:
Hi,
Full timers have a right to a minimum of 28 days a year. You would get a pro rata of this. Bank holidays do not have to be given as extra, but if they are given to full timers as extra then you should get a pro rata of them.
Anonymous says:
Hi, I currently work 21 hours a week (Weds, Thurs, Fri, 7 hours per day) and have recently agreed to come back full-time (35 hours per week – 7 hours per day) as of 1st Feb. My contracted Annual Leave is 28 days per year + bank holidays. I’ve been told that as the 1st is a Weds (and therefore the first day of my “part-time” week) then I need to work on 30th & 31st Jan to get any additional holiday hours allocated to me for Feb. Otherwise my full-time role will start on 6th Feb therefore rendering any additional hours I should be due to be forfeited as I won’t have worked full-time for the whole month (even though I will have as I will have worked 7 hours per day for the 1st, 2nd and 3rd Feb, the same as all the other full-time staff). Additionally, my work have confirmed that had a “new start” started on 1st Feb then they would be entitled to full holiday entitlement. Surely this is discriminatory? Can you help? Can they refuse to give me the extra hours for Feb?
Mandy Garner says:
Hi,
If your new full-time contract dates from 6th Feb then you would get holiday allocated according to your part-time contract up until that date.
Anonymous says:
Shortly I am going to be working 5 hours a day, 5 days a week (mon-fri), 25 hours a week. Our company offers 24 days holiday pa plus 8 bank holidays for those working 7 hours a day, 5 days a week, 35 hours a week. The company do not work out holiday entitlement in hours, only in days. They have said that I am only entitled to 17 days holiday pa plus 8 bank holidays because I’m not working full time. However, I am working 5 days a week, and as far as I can see they will only be paying me for 5 hours when I take a day’s holiday. Rightly or wrongly, I assumed because they would only pay me for 5 hours each time I took a day’s holiday, that I would be entitled to the full 24 days holiday. Surely, If I was only entitled to 17 days holiday, then each time I took a day’s off, I would be entitled to 2 hours full pay?? This doesn’t seem right to me, please could you advise who is correct in this situation? Thank you.
Mandy Garner says:
Hi,
You should have your holiday entitlement calculated in hours on a pro rata basis compared to full timers in your organisation or you should get the same as full timers since your days are shorter – see https://worksmart.org.uk/work-rights/hours-and-holidays/holidays/how-do-i-work-out-my-holiday-entitlement. You should not suffer any loss of pro rata holidays compared with full timers because you work part time.
Kay says:
Hi I work wed, thurs, Friday 31.5 hours. How many days holiday should I get? My boss has said 12 days plus paid bank holidays (if they fall on my days ie Wednesday Thursday Friday) but obviously this changes every year. Need some help. My holiday year starts October to October but he has said I can carry days over, but then from January I will be working 4 days a week at 42 hours so what will be my entitlement from January ?
Anon says:
My normal hours of work are 3.5 on Monday, 3.5 on Wednesday, and 3.0 on a Thursday. The owner of the company I work for has contacted the unit manager and asked her to tell me and another colleague to work our Monday hours on an alternative day this week so he does not have to pay us the double time rate which he normally pays to staff. Can he do this?
Andy says:
Hello
My contract stated 12 Hours per week, I have worked in this job for nearly two years but have always done around 25 Hours.
I have been Rota to work the 1st May Bank Holiday are they allowed to Rota me in for the second Bank Holiday in May no questions asked or can i argue this please, as i find it unfair to make me work both imho?
Peter says:
Another one with a bank Holiday query please. I and several others are job sharers. We work a Thursday and Friday one week (15 hours) and Monday, Tuesday and Wednesday the following week (22.5 hours). The next 7 days off starting the cycle again the following Thursday. Your job sharing partner will cover your ‘off’ time’ off on the corresponding rota cycle.
Most years Bank Holidays fall % wise more on one cycle than the other. Last year the majority fell in my ‘off” period so I felt I had missed out. Could anyone explain any ruling in this situation which is slightly different as our days are rolling around the weeks as it were!
Many thanks
Lisa Stenstrom says:
Grateful for some advice regarding Bank Holiday working. I work 25 hours per week, Monday (7.30 hours), Tuesday (4.30), Thursday (5), Friday (4) and Saturday (4). My annual leave is worked out in hours and I get 100 hours yearly. I have occasionally had to work on a Bank Holiday but when I’ve not been required to work and as the majority of Bank Holidays fall on a Monday (my one full day per week) I have been required to work a full day on one of my other days – is this correct, should I have to work a full day on one of my part time days?
Sharon says:
Hi,
Could somebody help me with holiday entitlement please. Our full-time staff get 20 days plus bank holidays. The full time week is 40 hours. I work 5 hours per day over 4 days. I read so many blogs I’m really confused. Thank you
Carl says:
My daughter works in retail on a 4hr contract, if a bank holiday is due and she is not rota’d to work the company take this from her annual leave. Surely if you are not rota’d to work and not being paid they cannot take holiday off her? As she is only paid days she works if holiday is taken surely this means she should be paid for the hours lost ? Any help much appreciated
angel says:
I would like some advice please
I work 4 days a week Tues -Fri
Previously working all week 16 hrs but dye to hospital appointments needed to change my hours and would help with childcare too having Mondays off. Was entitled to 22 days off before changing days from 5 to 4 a week now work telling me only entitled to 18 as only work 4 days. Confused as still do same hours over less days
Vanessa says:
Could you help me with my bank holiday entitlement please?
I work 32 hours over five days a week term time only. Monday 7 hours, Tuesday 7 hours, Wednesday 7 hours, Thursday 6 hours, Friday 5 hours. However because I am term time only I get paid for 26 hours as my wages are spread over 12 months. My question is, I have always had the bank holidays off when i worked 25 hours a week term time only, now this year I am not entitled to the full bank holiday and every bank holiday we have I have to repay 2.2 hours. I am totally confused…. I have no idea how to work out this pro rata thing and have no idea if the holidays I currently get are right? Please shed some light on this.
naren says:
hi,
i am working as full time Tuesday to Saturday (37.5). in my company holiday year starts from april 1st & holiday entitlement are 29 days including 8 bank holidays. i am going to resign on july 10th 2015.
my question is how to calculate 8 bank holiday until July 10th?
so for 4 bank holidays are gone, can i get those 4 holidays ?
3x bank holidays fall on Monday ( Monday, its my day off)
1x bank holiday fall on Friday ( i worked on that day).
PhilA says:
Hi,
My Wife works Tues, Wed & Thurs each week. Is she entitled to a extra day because her Bank Holidays are not on her rota? She gets the correct amount of holiday compared to everyone else. In other words, for each ‘week’ she books off she is using three days. I think her total holiday entitlement in days is something like 12 days. Her boss has agreed to allow her to have a day in lieu as she is not benefitting from bank holidays, but I just wanted to check what the legal entitlement is for this? Thanks.
brent hosegood says:
im working 24 hours a week and i have
monday and friday off …please can you help to undrestand my entiitlment to for bank holidays
Mandy Garner says:
Hi,
Part timers are entitled to a pro rata of whatever full timers in your organisation get. So if you work three fifths of what full-timers work you will get three fifths of their holiday entitlement, including bank holidays. The minimum annual leave for full timers is 28 days, which can include bank holidays. These do not have to be given as extra.
Barnaby John says:
Hey – i’m contracted at 24 hours a week. My hours vary day to day as the work demands – my managers organise this with me the week before. My contract states that I get no official holiday, but the holiday accrued is paid on top of my regular hours. I only work term time so i’m off all summer for example. This bank holiday, they rearranged my hours so i’m doing the full 24 over 4 days instead of 5 – while all the other full-timers get a full days’ paid holiday. Is this right?
Anonymous says:
Hi. I would like to ask about contract and bank holiday payments. I work 16-20 ours and my boss didn give me any contract. I ask him but answer was why you need it?? Any Sundays and bank holidays i never get a double money or something similar. I dont now the law. Maybie someone can answer to my questions please.
Editor: Every employee is entitled to a written contract – see https://www.gov.uk/employment-contracts-and-conditions/contract-terms. You are entitled to a pro rata of at least 28 days a year annual leave. This may or may not include bank holidays. Bank holidays do not have to be given as extra and there is no duty on your employer to pay double time for working on Sundays or bank holidays. This will depend on the terms of your contract – see http://www.personneltoday.com/hr/bank-holidays-five-things-employers-need-to-know/
Anonymous says:
I job share and I work Monday and Tuesday. The annual holiday entitlement is 26 days. I am paid for Bank holidays that have to be taken but I have to give up 7 hours per bank holiday but that means I loose 42 hours (6 days) to cover 6 bank holidays as they fall on a Monday or Tuesday is this correct?
Editor: It may seem unfair that you have to use bank holidays, but legally you are entitled to a pro rata of full time annual leave. The legal minimum for full timers is 28 days which may or may not include bank holidays. Bank holidays do not have to be given as extra, but if they are given as extra for full timers you should get a pro rata and you would have to use these to cover days when your office is closed.
Anonymous says:
HI,
I had the comment above about the 15 bank holidays plus 4.8 bank holidays. My contract states that my bank holidays are in addition to (on top of) the 15 days of annual leave. Bank holiday never fall on days I work, as the shop is always closed and I work 3 days a week on a flexible basis. So, if a bank holiday falls on a monday, I will still be scheduled 3 days that week (for example, tuesday, wednesday and saturday). Am I correct in thinking that I should be working 2 days instead of 3 on a week where a bank holiday falls? And that I get this 4.8 days/year. So for 3 bank holiday, I would need to work the full 3 days?
Editor: You are legally entitled to a minimum of 28 days a year leave if you work full time so you would get at least this on a pro rata basis if you work part time. If full timers get more than the legal minimum you should get a pro rata of what they get.
Anonymous says:
I work 40 hours over 4 days how many holidays am i Entititled to a year
Editor: You need to work it out based on hours. Are you basically working full-time hours in four days? You can calculate it here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hi. I have a question about owing bank holiday days. I work at a shop that is closed on all bank holidays. My hours are part time (9-6pm) 3 days a week (and also an extra day or two per month to help cover when needed). I am paid an annual salary and my contract states that my paid holiday time is calculated on a pro-rata basis and is 15 holiday days per year. My bank holidays are worked out also on a pro-rata basis at 4.8. My manager is telling me that since I only get 4.8 holiday days/year, I actually owe them 3 extra days(without extra pay) per year. Is this accurate?
Editor: Do you mean you get 15 holidays a year and the 4.8 bank holidays is on top of this? It is correct that you would get a pro rata of full time workers' leave for both annual leave and bank holidays, if these are given as extra. You would therefore have to take the remaining bank holidays that fall on days you work out of your 15 days' leave.
Anonymous says:
I work two days a week and my office gives me three days holiday a year.my.l work between eleven and twelve hours a week .l suppose i should get more
Editor: Full timers [usually around 37.5 hours] should get at least 28 days a year leave which may or may not include bank holidays. Bank holidays do not have to be given as extra, but if full timers get them as extra you should get a pro rata. You would get a pro rata of what full timers at your office get. You can work your holiday entitlement in hours here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
I work 2 days (2 x 7 hrs) Have always been told holiday entitlement is 8 days a yr (so many days must be kept for their Xmas shutdown) I have been there 13 yrs. Have I not been receiving my full entitlement (been told I should have 11 days per year. If I have not been receiving my full entitlement am I entitled to back pay for holidays not give over 13 years?
Editor: You should be entitled to a pro rata of what full timers in your organisation get. They should get a minimum of 28 days leave a year, which may or may not include bank holidays. Bank holidays do not have to be given as extra, but if full timers get them you should get a pro rata. If full timers work 7hrs x 5 a week you should get two fifths of their holiday so at least 13 days. You cannot back date holiday claims by more than two years.
Anonymous says:
hi Laura Livingstone
iam working 25 hours a week
=28 days HOLIDAY
this year they changed to 28 day to 140 hours
if i want to use holiday now on i have to use hour.this ok
BUT this year i used 3 days holiday= 15 hours.
january and february i worked extra 30 hours and they
calculated i used 17.6 hours instead of 15 housr ? i cant understand
they said we said u 2.6 hour i didnt ask them to pay me that 2.6?
so thats mean if i work extra althtime iam gonna lose my holiday ?
can u help me please ty…best regard have a good day
(25hours x5.6=140
used 3 days holiday =15 hours 140-15= 125
they calculaed 17.6
Editor: If you did extra hours you should get more hours in holiday so this should balance out in terms of days off. They can't keep the holiday hours the same if you did extra holiday. If you are part time your leave should be a pro rata of full time hours so if you work more hours your pro rata should increase.
Anonymous says:
Hello, I work 30 hours per week over 4 days, with every Thursday & Sunday & alternate Friday & Saturday off. Every bank holiday is a paid day off with no option to work as my place of employment closes. Please can you tell me how many holiday days I have left after deducting the bank holiday days?
Editor: You should get a pro rata of what full timers at your organisation get so if they get 28 days you would get a pro rata of that. If they get bank holidays as extra you would get a pro rata of that so if you have to take more bank holidays than your pro rata entitlement this would have to come out of your other leave.
Anonymous says:
Hi, I am contracted to work 20 hours a week over 5 days, can my employer force me to work a bank holiday (as an extra day) – meaning that week i will have to work 26 hours over 6 days that particular week?
Editor: Can you explain a bit more? Is this a temporary position and was this agreed at the time of taking on the position?
Hi! I am not on a temporary contract, however my contract states that i may be drafted in to work a bank holiday. Which i don't mind doing, its the fact that they aren't giving me a different rest day that week, and i am working more hours than i am contracted.
Editor: It would be important to check the wording with regard to working the bank holiday in your contract. Does it suggest this might be extra to your contracted hours or just if a bank holiday falls on your normal days? If you are being asked to do additional hours and your contract allows for this and you are paid for those hours then it might be difficult to question.
Anonymous says:
Hi, I am contracted to work 20 hours a week over 5 days, can my employer force me to work a bank holiday (as an extra day) – meaning that week i will have to work 26 hours over 6 days that particular week?
Editor: Can you explain a bit more? Is this a temporary position and was this agreed at the time of taking on the position?
Anonymous says:
I work Monday-Thursday (4 days). I used to receive annual leave entitlement of 28 days (pro rota annual leave entitlement + bank holidays). My company now says they will only give me my annual leave entitlement (20 days) but i don't have to take the bank holidays from my entitlement anymore, this will leave me 2/3 days less. can they do this?
Editor: Full timers are legally entitled to 28 days leave a year which may or may not include bank holidays. Bank holidays do not have to be be given as extra, but if full timers get bank holidays as extra then part timers should get a pro rata of them and of any other annual leave. If the terms of your leave have been changed, your employer should consult with you on this.
Anonymous says:
I work Thursday, Friday, Saturday and Sundays and have been given 16 holiday days but have had 3 of them taken for the Christmas break. I also work bank holiday Monday's. My collegues who work Monday to Friday have 20 days plus the bank holidays off. Am i entitled to more holidays? plus am i classed as part time or full time?
Editor: Do you work the same hours as your colleagues who work Monday to Friday? It looks as if you are not on full time since you are four days compared to five. That would mean you get a pro rata of full time holidays so four fifths, for instance, of 28 days. You would have to take bank holidays out of this, though. Normally, because you don't work Mondays, this would probably work in your favour.
Anonymous says:
Hi there, I work Tuesday, Wednesday and Thurdays. My full time colleagues all receive bank holidays, am I entitled to bank holidays on a pro rate basis even if I don't work on a Monday or Friday – thanks Karen
Editor: Yes, you are entitled to bank holidays on a pro rata basis.
Anonymous says:
Hi is it against the law if a company doesn't provide pay holiday for their workers? I am going to take my holiday after six months I am with them and worried that they are not going to pay me. My recent experience on the last Christmas and boxing day they didn't pay me for those two days. I am working 6 days 35/week in a new company, could you help me please, thank you.
Editor: Full-time workers should get at least 28 days a year in paid annual leave. This may or may not include bank holidays. See https://www.gov.uk/holiday-entitlement-rights/entitlement
Anonymous says:
Hi, I work 4 days a week but the hours vary each day, so in total I work 27.25 hours broken down like this: Monday 8.25 hours, Tuesday off, Wednesday 7.25 hours, Thursday 5.00 hours and Friday 6.75 hours. My holiday has been worked out as 24 days plus the 8 bank holidays and it's not the number of days I'm concerned about, I'm happy that this is right.
But I would like to take a half day holiday on a Monday, but I am unsure when I should come in, should it be half way through the Monday, so after 4.10 (roughly) hours or half way through the standard working day (7.5 hours) so 3.75 hours or another option??
Any help would be great, thank you.
Editor: If you work irregular hours during a week, ie not the same hours every day, your holiday should be worked out in hours and you can do that here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hello
I work full time, 37.5 hours a week, Tuesday to Friday with Mondays off. When I worked a 5 day week I got 25 days holiday a year plus bank holidays but have to reserve 3 days for the Christmas period.
Since returning to work on a 4 day week I have been deducted 5 days holiday per year and a sI chose Monday as my day off I have also lost all Bank holidays. Am I entitle to lieu days for the bank holiday days I lose? I am currently not given any lieu days and a friend mentioned that I should get this time back.
I have worked for my employer for 10 years.
Your help would be very much appreciated!
Editor: If full timers get bank holidays you are entitled to a pro rata whatever hours you work and it looks like you work basically full time but compressed hours. Your employer should calculate your leave in hours rather than according to days worked, but it would probably work out as fewer days since you work longer hours in each day – see https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hi I work 42.4hrs a week and have done so for the last 6 years but when i go on holiday i only get paid 40hrs, is this correct.
Editor: What are your contracted hours? See https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics
Anonymous says:
Hi i work full time hours 33 hours a week but over 3 days every monday tuesday thursday and get 16 days holiday a year. There are others that work the 5 days a week but still the same hours as me and they get the full 28days. They get paid bank holidays but my employer says i am not entitled to bank holidays. Is this right? Hope you can help
Editor: If 33 hours are full-time hours in your organisation and you work them as compressed your holiday should be worked out in hours. As you work compressed hours this might mean you have fewer days as your normal days are longer. If those working a full week get bank holidays you should get them too.
Anonymous says:
I work bank holidays when they fall on a Monday, the shop is usually open for 9 hours but on a bank holiday it's only open for 6 hours, should I be paid the normal pay of 9 hours.
Thanking you
Editor: Our HR expert Sandra Beale says it would be for six hours.
Anonymous says:
I work full time and have done so for almost 3 years. I got a silly contract when I started, which stated that I get paid public holidays and ALSO 28 annual leave. So for the last 3 years this is what Ive been doing – clearly taking 28 days off and of course not working on public holidays (office closed anyway). Finally I am getting a proper contract drawn up and they want to give me 20 days annual leave with 8 public holidays (ie 28 days INCLUSIVE of public holidays). I dont think this is fair and in fact all three other girls in the office have been on the 28 day annual leave excluding public holidays for 27 years (the one lady) and 4 years the other. I absolutely dont think its right to all of a sudden drop 8 days even if its statutory – they are able to give MORE if they want to…and by doing it for the last few years, they have almost 'committed' themselves to it. What do you think?
Editor: You could definitely argue custom and practice after so long, which would mean that they would need to consult fully as it would constitute a change to your terms and conditions – see https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement
Anonymous says:
Hi, I work a two day week(16 hours) on a Friday Saturday I am entitled to 11.2 day holiday a year but my boss is saying I have to keep 4 of these days for Xmas and new year even if Xmas and new year fall on days I don't work ie Wednesday/Thursday is this wright?
Editor: You are entitled to a pro rata of a minimum of 28 days a year holiday for full timers. If bank holidays are included as extra to this you are entitled to a pro rata of those, so in England that would be two fifths of eight days.
Anonymous says:
Hiya, can you please help me with my holiday. I have just found a job. It's a term time job. Its 25 hours a week for 39 weeks a year. What holiday should I get. I am being told I don't get any as I don't work term time but I am not sure that is right as I am not being paid for term time? Any help would be appreciated.
Editor: See https://www.gov.uk/holiday-entitlement-rights/entitlement
Anonymous says:
I started work 11th August, I work 2 hours Thursday, 3 hours Friday and 5 hours Saturday and Sunday, weekly total 15. I get paid 4 weekly. After taking a week off I have received my pay note this week and is state Basic hours 47.5hours. Theres no mention of holiday as my boss said I was only entitled to a days holiday. What holiday pay am I entitled to working from August until the end of this tax year, then annually after that? Apparently my holiday pay is worked out in hours, so can not understand my I has paid 47.5 hours, when I worked 45 of them, My employer says it right!. please help
Editor: It is normal for your holiday to be worked out in hours if you work part time with different hours over different days. Full timers are entitled to a minimum of at least 28 days a year in holiday which may or may not include bank holidays. Bank holidays do not have to be given as extra. You would be entitled to a pro rata of whatever a full timer in your organisation gets ie your hours per year x the number of hours a full timer gets in holiday divided by full-time hours.
Anonymous says:
my partner works a 24 hour week shes been told that if on the day of a bank holiday she is not working that she has to deduct those hours off her annual leave. is this right?
Editor: It depends whether her holidays include bank holidays. Employers have to give a minimum of 28 days a year to full timers and part timers get a pro-rata entitlement. This may or may not include bank holidays. Employers do not legally have to give bank holidays off. Does she work regular hours?
Anonymous says:
Hi I employ a carer for 3 hours a week only on a Monday. The job was advertised as Fridays but she requested to work Mondays. So we agreed she would take Bank Holidays off as part of her Holiday Entitlement. I pay for every Bank Holidays but she doesn't work them. So my question is, can Bank Holidays be counted towards her holiday days. I have been allowing her six weeks (so six Monday's) off a year which are paid Bank Holidays and if there aren't 6 Bank Holidays in a year which fall on a Monday she works then can take additional holidays up to the total 6 days when she chooses. Am I being fair and is it within the law.
Editor: The legal minimum for holiday entitlement for full-time workers is 28 days. This can include the eight bank holidays in England and Wales so it can be 20 days plus the bank holidays. Bank holidays do not have to be given as extra. As your carer is working hourly you would need to work out her entitlement based on a pro rata of full-time hours, which are usually 37 or 37.5 hours a week. This works out at around two and a half full-time days' holiday or just short of six 3-hour days. Many employers do allow bank holidays on top of annual leave entitlement so you should specify all this in her contract, ie that bank holidays are not additional to leave. If you have given a verbal or written contract [what you have agreed with her] where bank holidays appear to be in addition to annual leave entitlement [ie if you have already spelt out how many days annual leave she will get plus bank holidays] then you would have to consult her on any changes to that.
Anonymous says:
Hello, can i please ask for clarification of my contract.i work part time, three days a week
in a charity shop, not fixed days, the shop is closed on sundays and bank holidays.
my contract states:-
You will be entitled to 112.5 hours (15 days) annual leave in each holiday year
in addition you will receive 37.5 hours (5 days) which represents a pro rata entitlement to bank and public holidays. you may sometimes be required to work on the statutory bank and public holidays in which case you will be given time off in lieu to be agreed with your line manager.
i have just received an email which states:-
Just to confirm, all assistant managers have 15 days annual leave per financial year and all 8 bank holidays and all assistant managers will work three days in the week where a bank holiday occurs.
is this right?
Editor: You need to seek clarification on the bank holidays. Are they now proposing that you get eight days rather than five days, which sounds like a pro rata entitlement? Do all assistant managers work three days a week? You are entitled to a pro rata of what full timers get and to the eight days bank holiday entitlement. The minimum allowable annual leave entitlement for full timers is 28 days, which may or may not include bank holidays.
Anonymous says:
I work 16 hours over 4 days a week.
I checked my contract and it says I am entitled to 2 weeks of paid annual leave, such entitled accuring on a pro rota basis, with bank and public holidays to be included in the calculation of the employees 2 weeks of paid leave.
can someone explain what that means?
Editor: Part-time workers are entitled to a pro rata equivalent of full time workers' annual leave, which must be at least 28 days a year. This may or may not include bank holidays. Bank holidays do not have to be given as additional to the 28 days. If you work 16 hours a week and full timers workers work 37 hours a week in your organisation, you would be entitled to at least 16 x 28 divided by 37 hours of annual leave, which would be just over 11 days.
Anonymous says:
Hi
I work 16 hours a week, flexible hours, and am entitled to my statutory 28 days pro rata. On a bank holiday week I still work my 16 hours, so receive no benefit from the bank holiday. How should my annual leave be calculated? In this case should I still be able to take 11.2 days?
Thank you for your help
Editor: You should get a pro rata equivalent of full timers in your job so if bank holidays are added as extra to the minimum 28 days leave you would get a pro rata entitlement to these.
Anonymous says:
I am going back to work part-time (28 hrs/4 days Tues – Fri) as of October. When I worked full time I got 25 days holiday plus bank holidays. Am I entitled to be paid for the bank holidays whilst I've been on maternity leave? When I return I've been told I'm entitled to 20 days holiday (which is pro-rata) but not the bank holidays as Monday is my day off. Is this correct? Thank you
Editor: You continue to accrue leave in the normal way while on maternity leave so you would be entitled to all your holiday. You would be entitled to a pro rata equivalent of whatever you got as a full-time worker. You are legally entitled to at least 28 days leave as a full timer. This may or may not include bank holidays. As a part timer you are entitled to a pro rata equivalent.
Anonymous says:
I work 3 full days per week (If a full day is classed as 7 hours) plus 1 hour lunch unpaid, this is all day Monday, Thursday and Friday (Total 21 hours per week). Another employee works 5 hours per day on Tues ,Wed ,Thurs (15 hours per week). We are given the same amount of annual leave entitlement of 12 days paid holiday per year. Please can you advise me if this is correct?
Editor: Normally leave for part-timers is calculated via a pro rata equivalent of full timers' hours. Presumbably your employer would argue that your colleague gets five hours a day holiday for each day they get off and you get seven hours so on an hourly basis you would get more. See http://www.nidirect.gov.uk/calculating-holiday-entitlement
Anonymous says:
I work Monday to Friday from 9 am to 1 pm. Am I entitle to annual holiday leave legally? If yes, how many day should I receive from my company. If I am ill, can I take a paid medical leave? How many days do I have for a year for medical leave?
Looking forward for your advice. thank you.
Editor: In the UK full-time workers are entitled to at least 28 days a year annual leave, which may or may not include bank holidays. Employers can give these as extra. Part-timers are entitled to a pro rata equivalent, which in your case would be just over half of the full-time entitlement [see https://www.gov.uk/holiday-entitlement-rights/entitlement]. See here for information about sick leave and pay.
Anonymous says:
Hi I have been working four days a week – six hours a day since January which is the start of our leave year. My holiday entitlement for the past 7 years has been the basic statutory holiday allowance of 4 weeks (16 days) plus bank holidays as I normally work on Monday to Thursday. I have just changed my hours to three days but 7 hours a day. My boss has amended my holiday allowance from 16 to 12 days without any discussion (I only saw this when processing my hours last month). Is it right that my accrued holiday has been dismissed and I now only have a full years entitlement of 12 days. I have to date only taken 2 days holiday. I would appreciate some advice before I approach my boss as I am not sure whether this has any effect or not?
Editor: Your holiday for the first part of the year should be calculated on a pro rata basis for the hours you worked and then change to the new pro rata entitlement.
Anonymous says:
Hi,
In answer to the above I was told by my employer have I have 14 days holiday as I understand it is because I work half the normal amount (although can cover and do more). I just assumed I was taking them as 3 full days work as apposed to 2×10 and 1×5. I just wanted to make sure I got all holiday I was entitled (if I am)
Anonymous says:
Hello,
I hope you can help.
I work 2.5 days a week (2x 10 hour shifts and 1x 5 hour shift) I am entitled to 14 days holiday a year.
I took 3 days holiday and when confirming on my monthly time sheet how I count the 3 days holiday I took I was told I have to add it as 2.5 days. When then confirming how many days I had left I was told I had 11 (meaning they counted it as 3 day) should this not be 11.5?
hope that makes sense.
Editor: Is your leave calculated in hours or days? See the section on part-days here.
Anonymous says:
Hi I work 4 days a week monday to thursday also I have worked for my employer for 17 years, I have asked for a 3 day week but been told I have to work tuesday wednesday thursday, the new girl works monday wednesday friday, and gets all the bank holidays paid, when I pointed out that she would receive 7 days more paid holiday than me, he said I had a salary so would not be entitled to bank holiday day in loo, so we both work 3 days but she can have 7 days more holiday than me is this right thanks
Editor: You are entitled to a pro rata equivalent of 28 days holiday. This may or may not include bank holidays. If bank holidays are given as extra it is common for part tinmers to get a pro rata equivalent – see https://www.workingmums.co.uk/advice-and-support/q-and-a/82353/pro-rata-bank-holidays-ask-the-expert.thtml
Anonymous says:
Hi can you help in simple terms I am entitled to 30 days annual leave and 10.5 public & privilege days total 40.5 per year . I work 5 days per week @ 6.00 hrs per day = 30 hours per week, however I have reduced my working weeks to 42 weeks .
My annual leave I say should reduce by 1/5th using the following calculation
30 hrs divide by 37 hrs (full time equivelant ) = 0.81 fte
30 days x 0.81= 24.30
Entitlement of just over 24 days equates to the loss of nearly 6 days = 1/5th
My manager says that is wrong , he says that my average hours is obtained first by:
30 hours x 42weeks divide by 52 = 24.23 average hours worked over 52 weeks ( but I don't work 52 weeks)
24.23hrs divide by 37hrs = 0.65 fte
30 days x 0.65 = 19.65 days
That's a huge difference and clearly does not seem correct
Any advice on this calculation ??
Many thanks
Editor: You would be entitled to a pro rata equivalent to full time which would have to take account both of the fact that you work 30 hours a week and 42/52 weeks a year.
Anonymous says:
Hi can you help I work 5 days week (30 hrs) over 42 weeks year . During the 10 weeks I do not work which I take as unpaid there are 6 bank holidays.
In the past those 6 bank holidays have been credited back to me to take at another time as my organisation pays our staff for bank holidays and the building is closed.
My new manager says that's wrong , he says I have no entitlement to the 6 days because they happen to of fallen when I am already on UNPAID leave and are in my NON WORKING weeks.
I feel that this is discrimination to my work pattern in comparison to other part time working , if my non working weeks for example had fallen during the months of Feb &March there are no bank holidays therefore during my working weeks I would benefit with the bank holiday off with pay ? I feel that clearly that is not right, this issue has been escalated in the organisation to senior levels and I am awaiting legal guidance, it seems it's a total grey area … Can you offer any guidance ?? Many thanks
Editor: Are bank holidays included as additional to minimum annual leave [28 days for full timers]? You are entitled to a pro rata equivalent of what a full timer at your organisation would get and you would have to work that out on an hourly basis. See http://www.nidirect.gov.uk/calculating-holiday-entitlement.If bank holidays are extra part timers usually get a pro rata equivalent, but if companies give leave additional to the statutory minimum they do not have to apply all the rules that they do for minimum leave.
Anonymous says:
Can you help me..? I have worked for my current employer since January 2014, and work 16 hrs per work over 3 days, ie. 5 hours on Saturdays , 5 hours on Sundays and 6 hours on Mondays.These are not full working days,so how would my holiday entitlement be calculated for the year.
Thanks in advance..
Editor: You would need to calculate it on an hourly pro rata basis. Full timers [37.5 hours a week] are entitled to 28 days minimum of annual leave which may or may not include bank holidays as extra. If they are included as extra for full timers, you should get a pro rata share as a part timer. You can calculate minimum entitlement in hours here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hello there! I work 32 hours per week as a shop assistant (Mon-8hs, Tue-8hs, Wed-4hrs, Fri-4hrs and Sat-8hrs). I do not need to work bank holidays – and I don't want to – but I'm paid for those days (every week I'm paid the same amount of money direct into my bank account, even if there's a bank holiday). How many days of holiday am I allowed to take every year? Thank you!
Editor: You would need to work out your annual hours so 52 x 32 and then you can use this calculator to calculate your holiday entitlement, based on full timers being entitled to a minimum of 28 days leave, which may or may not include bank holidays. Bank holidays do not have to be given as extra.
Anonymous says:
I work full time as a supervisor. I have worked for the same company for over 18 months and have never worked Sunday's as my department is always closed on Sunday's and bank holidays. The company is now saying they are going to start opening on bank holidays and Sunday's and staying open longer opening hrs so my shifts will change. Do I have to except theses changes or can I refuse to work the Sunday's and later days.
Editor: You have a right to be consulted about any change to your hours – see https://www.workingmums.co.uk/advice-and-support/all/page_2/6330928/employer-wants-to-change-shift-patterns-ask-the-expert.thtml
Anonymous says:
i work 5 days a week full time 54hours a week 12 , my working days are monday, tuesday , saturday sunday one week and monday tuesday wedneday saturday sunday the following week.
my question is this i booked a two weeks hoilday from the 16 of august and i was due back september 7th , my hoidays was longer due to my shift pattern, and my employer refuse my request, he say my time off is too long that i can only have 14days in a roll, which meant i had to book 9days of instead of 14days is it right for my employer to do this,
Editor: You have a minimum holiday entitlement of 28 days a year for full timers and the pro rata equivalent for part timers. An employer must give this, but they can refuse an individual request for leave for business reasons eg it is a busy time. Does your contract stipulate that you can only take a certain number of weeks off at any one time? See https://www.gov.uk/
Anonymous says:
I work 4 days a week and my leave is calculated in hours. I asked for 16 days leave and because this runs over 4 working weeks (5 days a week) I ha e been refused. I would argue they only pay me for 4 working days of a working week and it is not consecutive leave as Mondays are a non payment working day?
Editor: Employers can refuse holiday, but they must give as much notice as the amount of leave requested, eg 2 weeks’ notice if the leave requested was 2 weeks. See https://www.gov.uk/holiday-entitlement-rights/booking-time-off-
Anonymous says:
My working days are from Tuesday to Saturday, so should I be getting extra paid holiday for bank holidays on Monday.
Editor: See http://www.adviceguide.org.uk/nireland/work_ni/work_time_off_work_e/bank_and_public_holidays.htm
Anonymous says:
Can you help me, pls. I work part time in retail – 30 hrs a week; Tuesday – Friday only as per contracted. Also, since I started this employment (9 years ago), I had never have to work bank holiday, taking them as unpaid leave. However, recently I had been summoned to a diciplinary hearing for not attending work on Good Friday. What are my rights?
Editor: If this has been custom and practice up until now, has company policy changed and was this discussed with you beforehand or has there been a change of management to account for the change in policy? We would need a bit more background detail to advise you.
Anonymous says:
Can you help me pls? I work part time 15 hrs. I do mon morning, wed morning and all day Friday. If you work full time you get all the bank hols of paid but I have to either have to have them as holiday or go in and make my hours up. Is this correct.
Editor: If full timers get bank holidays you should get a pro-rata entitlement to them.
Anonymous says:
I was asked to come into work while on holiday to attend a meeting – should I receive lieu time at straight time or at time and a half for the hours worked when technically on holiday ?
Editor: What does it say in your contract about overtime?
Anonymous says:
i work 20hours per week mon wed and fri.Every year i have been paid full wages for bank holidays.This years bank holiday (good friday)i was only paid 3 and half hours,i always work 7 and half hours on a fri.Do you have any advice please.
Editor: You need to ask your employer to explain the change. They should consult employees on any changes to terms and conditions.
Anonymous says:
I WORK 21 HOURS PER WEEK MON TUE WED AND ALTERNATE SATURDAYS
PLEASE CAN YOU CONFIRM HOW MANY HOURS OR DAYS BANK HOLIDAYS I
AM ENTITLED TO.IF A BANK HOLIDAY FALLS ON MY WORKING DAY I COME IN ANOTHER DAY AS I DONT WANT TO TAKE BANK HOLIDAYS OFF MY HOLIDAY ENTITLEMENT.
Editor: Full time workers are entitled to a minimum of 28 days a year holiday which may or may not include bank holidays. Employers do not have to give bank holidays as extra. Part timers are entitled to a pro rata equivalent of the 28 days and if bank holidays are given to full timers as extra, to a pro rata equivalent of this. You would need to work out your hourly leave – see https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
I work part time Tue, Wed Fri, a total of 24 hours, other team members have complained over the bank holiday issue and I would like to get some clarification. Does my employer need to compensate or penalise me for not having a bank holiday day as part of my working week. some team members say that I should not have the same entitlement and have asked if I should be required to 'pay back' hours to the employer out of my holiday entitlement which has been calculated at 134hrs per holiday year. Any clarification on this would be a help.
Editor: Full time workers are entitled to a minimum of 28 days holiday a year. These may or may not include bank holidays. Bank holidays do not have to be given as extra. Part timers are entitled to a pro rata equivalent so if full timers get bank hlidays as extra part timers would be entitled to a pro rata equivalent of the annual bank holidays.
Anonymous says:
I am working 2.5 days a week 20hours a week.
I have been told I am entitled to 14days holiday but on the day that I work the half day (4hours)
I've been told I need to take a full days holiday for this.
Is this correct or should it be a half day holiday I need to take?
Editor: Often it is much easier for part time staff to have holiday entitlement for part timers calculated in hours. If given in full days, it can be difficult to allocate holiday for those who work only a few hours in a day and they may lose out. You would have to negotiate this with your employer. You may be able to assert discrimination if you are losing out.
Anonymous says:
I work Monday Tuesday Wednesday mornings 6 hours a day which works out at 10 hours a week I worked out my holiday entitlement on gov uk it states that entitled to 100 hours and 48 min pay but I've just worked out that I don't actually get that because our bank holidays are in our minimum holiday entitlement and I don't work some bank holidays eg Easter Friday and Xmas bank holidays so should I get them holidays back.
Editor: You should get the pro-rata equivalent of at least 28 days annual leave.
Anonymous says:
hi there can someone please help me.
I work 20 hours per week, usually 6 hours tues, 8 hours wed and 6 hours fri but these days can vary meaning my 20 hours can be any days from mon to sat. My holidays are pro rata and bank holidays are included. My question is how many hours out of my holidays should be allocated to me on a bank holiday monday if i do not work on that day or if we are closed on that day? I think its 4 hours but my employer says 6 meaning an extra 2 are being taken from my holiday entitlement for every bank holiday i dont work?
Editor: Are you saying that your employer is taking bank holiday hours out of your entitlement when you don't work on a bank holiday? Is your leave calculated on an annual hours basis? If so, full timers should get a minimum of 28 days and part timers should get a pro rata equivalent. Are bank holidays included as extra to the 28 days – if so, part timers should get a pro-rata equivalent of the bank holidays. You should only have to take leave out of the days you would actually have worked. You can calculate your annual entitlement here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
i work monday to thursday part time 5 hours each night, but dont work fridays.Am i still entitled to the public holiday on the fridays even although i dont work them.
Editor: Employers do not have to give paid bank holidays. If they give them to full timers, however, they should give a pro rata equivalent of bank holidays to part timers so you should be entitled to around four bank holidays a year if bank holidays are granted to full timers.
Anonymous says:
I work for a retail company can they make you come in on your day off im contracted to do 15hours a week I worked on boxing day I was the only member on our team to go in the rest of my colleague s had that time off we were told if I come in I dindi have to do any bank holidays because I came in on boxing day now they said I have to do thid easter bank holiday where do I stand on this?
Editor: You can be asked to work on bank holidays, but you should get at least 28 days annual leave if you work full time and a pro rata equivalent if you work part time. This may or may not include bank holidays. Employers do not have to give bank holidays. If they give them to full timers they must give a pro rata equivalent to part timers. This sounds more like a breach of trust in that they said you would not have to work bank holidays after coming in at Christmas. Have you addressed this with them informally and if so, what has their response been?
Anonymous says:
Hi i work 10 hours a week and my holiday entitlement is 56.5 hours a year. my boss has told me that 40 hours are my entitlement and the rest are bank holidays. My contract is for 10 hours. In a few weeks time she has put me down to work only 8 hours but the extra 2 to bring it up to 10 hours will be paid as holiday and took off my entitlement. Is she allowed to do this? can I choose when I take my bh pay or can she?
Editor: Full time staff are entitled to a minimum of 28 days leave a year and part timers get a pro rata equivalent. Bank holidays may be included in the 28 days. If they are included as extra part timers get a pro rata equivalent of bank holidays. Bank holidays are fixed days in the calendar and full timers would not get to choose when they took these off so the same applies to part timers. Therefore if your workplace is closed on bank holidays you would have to take holiday on this day.
Anonymous says:
Hi I work a 4 on 4off 7.5 in winterfrom september and from april the 1st 11 in summer not including my lunch hour my boss has taken 6 days holiday entitlement from us had 20 days … he told us to sign a document to say we are happy with it.
Editor: Can you explain a bit more? What reason has he given for cbanging your holiday entitlement. You can calculate your minimum entitlement here and you should not get less than this - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Please help, I work 24 hrs over ties, weds, thurs and Fri and different hrs each day, our company gives 20 days hol plus 8 bh. As I don't work mondays I loose out, pls advise as now my hours are worked out and advised I only get 4 wks x 24hrs and only get the bank holis if they fall on my days x
Editor: Full time workers get 28 days minimum annual leave. This may or may not include bank holidays. As a part timer you get a pro rata equivalent of the 20 days and a pro rata equivalent of the bank holidays – see https://www.gov.uk/calculate-your-holiday-entitlement to calculare your hourly entitlement.
Anonymous says:
I'm contracted to 32 hrs but only got 29 this week….is this legal …I need those 3 hrs.
Editor: You need to give more information. Write via our Advice & Support/Q & A page box. For instance, does your contract guarantee permanent hours or does it say these can be subject to change?
Anonymous says:
I work 5 day week over 30 hours but work 10 weeks less ( 42 weeks) for the past 6 years I have lost 10 weeks pay and my annual leave entitlement has been pro rata but my bank holidays have always been credited back for me as my understanding was it was unfair that I already lost the pay and the reduced annual leave so the bank holidays were credited back to take at another time
For example during Easter where there are 2 bank holidays ( Good Friday / Easter Monday ) I take 10 days ( term leave) that incorporates those 2 bank holidays but that is unpaid leave.
After 6 years and 4 managers working this way my new manager now says the calculation is all wrong! She spoke with HR who say that during Easter because I am on already on unpaid leave I am not entitled to be credited back Good Friday or Easter Monday ! !
I feel this is wrong and discriminates against me , I think all the bank holidays should be pro rata ? What makes my situation different from a part timer working 4 days Tuesday -Friday ? The part timer would be off on a Monday as it's a non working day but is still entitled to pro rata bank holidays ? Can you advise please
Editor: If an employer include bank holidays in annual leave this should be done on a pro rata basis for part timers – see https://www.gov.uk/holiday-entitlement-rights/entitlement
Anonymous says:
I am currently working 28 hrs a week and work different days each week..i am a little confused regarding my annual leave entitlement.Ihave been informed that my holiday entitlement is 21 days including bank holidays…but if i dont work i lose.. a day annual leave??….is this correct?? And if i work it my annual leave is the same.
Editor: You would be entitled to a pro-rata equivalent of what full time workers get so if you work four days you would get four fifths of a full time worker's holiday plus four fifths of bank holidays. Employers do not have to give bank holidays as extra, but they do have to give 28 days minimum for full timers.
Anonymous says:
I am currently full time but will reduce to 60% from April working Monday, Tuesday and Thursday full 7.5 hour days. The company only operates over 5 das Monday to Friday. My current annual leave is 27 days plus Bank/Public Holidays in addition. I have been told that I will only get 60% of the Bank/Public Holidays. However, as I work on a Monday and some part timers don't ths means I will need to use some of my actual annual leave to cover the short fall. Those part timers that don't work Mondays will aldo get 60% of these holidays and they and Full Time workers do not need to use their actual leave. It appears that only those part timers that work on a Monday are really disadvantaged. Compared to my full time status am I being treated unfairly as a part timer, a I worked Monday on both contracts?
Editor: Employers have to give 28 days minimum annual leave, which may or may not include bank holidays. They do not have to grant bank holidays, but if they do these should be on a pro rata basis for part timers.
Anonymous says:
I work 35+hours every week, in a pub, for 2 years now, I have to work all bank holidays and get paid basic rate for them, I get 20 paid days a year holiday, this cant be right?
Editor: You are entitled to 28 days a year annual leave if you work full time which is around 37.5 hours a week. Part timers get a pro rata equivalent. Bank holidays may or may not be included in this, but your employer does not have to give them to you. If you are working more than 35 hours a week you should get a greater entitlement than 20 days – see https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
I work full time, 40 hours a week, i get the stat amount of holiday, bank holidays included in this, usually my company shuts down for the days between xmas and new year, which is also taken out of our holiday entitlement, this year the company have decided to open, from 8-1 on these days. I work for a big company and we are the biggest branch in the country, the email from head office has stated, and I quote 'there is one little difference that i would like to implement at (said branch) i will be taking 3 days of everyone's holiday entitlement but will pay those that work 5 hours at time and a half' so basically we will lose 3 days holiday, yet the smaller branch down the road will gain 3 days holiday, even though i understand we will only be in for 5 hours instead of 9, can they take a whole 3 days off our holiday entitlement, yet let the other companies gain it? How is this right?
Editor: You are entitled to a minimum of 28 days holiday a year if you work full time and this can include bank holidays. If you are saying that your employer is giving you less than the statutory minimum, this is illegal.
Anonymous says:
I was at work to discuss this two times already. They were very negative about working only days. Then I applied for flexible working hours. Still waiting for answer. What if they will not agree?
Editor: They can only turn it down on one of eight grounds and must give it due consideration and answer within a certain timeframe or you can appeal - https://www.workingmums.co.uk/advice-and-support/career-advice/197211/flexible-working-a-guide-for-employers.thtml
Anonymous says:
Hi. I have been working days/nights for 3 years. Then I left on maternity leave. Is time to go back to work. I just read my contract. It says- I do only DAYS, no nights.
Now I have little baby at home and I just cannot do nights. My contract says do ONLY days. so can I do only days when i come back to work? Can company force me to do nights? Even they know I have little baby!
Editor: You should put in a flexible working request and negotiate about night shifts – see https://www.workingmums.co.uk/advice-and-support/career-advice/197211/flexible-working-a-guide-for-employers.thtml. It may say only days in your contract, but as you have worked nights for three years it could be argued that this is custom and practice so you need to negotiate.
Anonymous says:
I'm not sure about a written policy on the extra days. They will probably get one though now! Fact still remains, that 2 of us have worked there more than 5 years, and the other gets the full company benefit, whilst I get penalised. I didn't think they could pro rata a benefit. I don't need 8 weeks off. It's the principal.
Anonymous says:
Hi, I have worked for my current employer since the end of 2007, I used to work 40 hours over 7 days. As part of a company benefit, everyone would receive 1 extra day holiday every year up until 5 years. At the beginning of 2013, I went back to work after maternity leave, part time, 16 hours. I took the full holiday entitlement of 11 days holiday plus 5 days for the years I built up. This year however, they are telling me this should be pro rata… and I will lose some of this holiday. I see how working 2 days per week, and getting 16 days holiday seems alot in weeks, it is 8 weeks off, but I earned those 5 days, just like everyone else has, and they still receive them. Are they correct? Thank you.
Editor: Holidays for part timers are usually a pro rata equivalent of what full-time workers receive. Have they got a written policy on the extra days for five years' service? Have they only introduced this recently, perhaps due to your own case?
Anonymous says:
Dear Sir/Madam
I need some help with my holiday entitlement,I am a part time worker I work 24hours a week saturdays & Sundays what is my annual holiday entitlement?
Thanking you in advance.
Editor: The minimum legal entitlement is 28 days for full time workers and you are entitled to the pro rata equivalent. Bank holidays do not have to be given as extra, but if full timers get them so should part timers on a pro rata basis. Check this holiday entitlement calculator - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hi I work part time Mon, Tues, Thurs and Friday, 6 hours a day, which is 65%. If a public holiday falls on one of these days I have always been credited with the full 6 hours as i get my annual leave entitlement plus public and bank holidays. Now my employer says I have to use some of my leave towards these days. Full timers get credited with the full day they work. Is my employer allowed to do this if the full timers get full credit?
Editor: This appears to be a change to your terms and conditions and as such you should be consulted. Does it apply to all part timers? Employers do not have to give bank holidays as extra, but if they do so for full timers they should be consistent for part timers.
Anonymous says:
I am currently working full time 7.5 hours a day and get 27 days holiday plus Bank and Public Holidays. I have applied to reduce my hours to 24 worked at 6 hours a day on Monday, Tuesday, Thursday and Friday. Currently I am credited with Bank/ Public Holidays and paid. Will I be entitled, as a part time employee, to be credited with 6 hours should the holiday fall on a day I work?
Editor: Employers do not have to grant bank holidays as extra, but if they do so for full timers they should be consistent for part timers so if ful timers are credited with the hours worked on bank holidays part timers should also be credited.
Anonymous says:
Hello,
I'm working 15 hours per week (2.5 hours per day) 6 days a week. How many days holidays I'm entitlement to?
My employer told me I've got 20 days holiday per year plus double time in bank holiday. This is right??
Editor: Employers do not have to include bank holidays as extra to minimum annual leave which is 28 days for full time workers. You can calculate what your minimum leave might be here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hello, I'm returning to work after being on maternity leave. I've reduced my hours from 20 to 16, but I've ended with only being given 15 hours a week they've given me every Sunday in. My mum thinks I should try and do an extra hour on another day, meaning 10 hours in work but as a single parent, I don't want to be away from my little one for nearly 11 hours, (travel time!) when it's not my fault they can't figure out we don't work as long on a Sunday.
Do I have the right to refuse to work every Sunday if it means I'm losing out on an hours pay and would the change mean I would lose my tax credits? I mean, my contact is for 16 hours. I want to know all I can before I bring it up with them. Thank you for any help.
Editor: Currently you need to work at least 16 hours to qualify for Working Tax Credit if you are a single parent. You do not need to agree the hours proposed – see http://www.hmrc.gov.uk/taxcredits/keep-up-to-date/changes-affect/work-changes/changes-to-hours.htm. Have you questioned why you have not been given 16 hours?
Anonymous says:
hi I work 30hrs a week 4 days, mon 9hrs tues 9 hrs weds 5.5 and thurs 6.5 hours, ive been told I get 180hrs holiday per year which includes bank holidays, we get 1 6th of our working week for bank hols, so I get 6hours for every bank hol, but because I work every Monday I end up paying 3 hours back for every bank hol, is 180 hrs correct?
Editor: Your employer does not legally have to give bank holidays as extra, but if they give them for full timers they should grant them to you on a pro-rata basis. That seems to be where the six hours comes from. You can calculate your holiday entitlement here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hi I am due to go back to work in July, I will be working Monday, Tuesday, Fridays (24hrs). Can you tell me how many days Holiday I will be entitled to and how my lag will work out on bank holidays my boss says it's all pro rata but it's all so confusing for me as I don't know what this means!
Editor: Pro rata means that you get a percentage of a full-time workers' holidays [37 hours a week]. So if you get 28 days as a full timer you would get just over 18 days. The same applies to bank holidays, depending on whether bank holidays are included in the 28 days for full timers or are extra. You can calculate your entitlement here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
I have put the question about St Andrew's day. Yes, it would be nice if I could see my contract, but I haven't seen it since I got hired in August… I have also put the question about Thursdays, which are my normal days off which coincided with 26 December and 2 January and I was told after that they will be put as holiday days and paid as such, but they didn't give me 2 more days off without pay and I don't think that's fair cause we are 3 girls working there and 2 of us are full time and the other girl had her normal days off as well which are Saturday and Sunday. Mine are Thursday and Sunday.
Editor: You are entitled to a copy of your contract. Are you normally given time off in lieu for bank holidays? Was this agreed, even if verbally, when you started work in which case it is part of your contract? Bank holidays do not have to be given as extra by employers – see https://www.gov.uk/holiday-entitlement-rights. You have a right, though, to a minimum olf 28 days off a year if you are full time. This may or may not include bank holidays.
Anonymous says:
I worked for St Andrew's day on both 30 Nov and 2 Dec and didn't get paid more. Is that normal?
Editor: What does it say in your contract? Your contract should tell you whether or not you are paid for the bank/public holidays. Employers do not have to give bank holidays as part of annual leave, but they must give a minimum of 28 days a year annual leave for full-time staff and a pro-rata equivalent for part-time staff. Some employers give bank holidays on top of the minimum leave. Again, check your contract.
Anonymous says:
I work 5 days a week, full time, but my 2 days off are Thursday and Sunday. Sunday is always closed. For 25, 26 December and 1,2 January they closed. 26 and 2 were Thursdays. After that they told us that those days will be paid and counted as holiday days, so they took out 4 days out of my total holiday days. My question is: Is it legal to do that, as my day off is Thursday? shouldn't they have given me 2 more days off without pay??? How can my day off be holiday even if it was paid? they took them out of my holiday days, so I actually lost 2 normal days off.
Editor: Our HR expert Tara Daynes says: In short – no, your employer cannot do this! You work full time at 5 days per week. If they make the Thursday a holiday but you have worked 5 days that week, this makes it a 6-day working week so they need to pay you additionally for the extra day or give you a day off in lieu – taking it out of your holiday entitlement doesn't count!
Often employers struggle with working out the practicalities of bank holiday entitlements so this may be human error/misunderstanding rather than malicious intent on your employer's part, so I suggest you point out that this is erroneous & see if they rectify it first – but if they don't, you can legitimately fight for your legal entitlement!
Anonymous says:
Hi, I work fixed days of Tuesday, Wednesday and Thursday and we are trying to work out my holiday entitlement for the year as the company includes bank holidays for full time employees (so 28 days a year), but as I never work on a Monday (or a Friday) how would my holiday be worked out as including bank hols gives me far too much holiday and not including them gives me much too little?
Editor: Companies often give bank holidays for part-time staff on a pro rata rate so three fifths of eight days. Bank holidays do not have to be given as extra to the minimum 28 days for full timers, but if they are given as extra for full timers, companies should be consistent for part timers. That would mean you would get three fifths of 28 days plus three fifths of eight days.
Anonymous says:
I work monday and tuesday each week 7.5 hours each day. I am entitled to bank holiday pay and have had this paid for the last three years at 7.5 hours each bank holiday and pro rata for days I don't work. I have given notice to leave at the end of the month and now my manger has said I am only entitled to claim 7 hours for each bank holiday that fell on my normal working days, leaving me with a shortfall of .5 hours for each bank holiday that they are now expecting me to work the extra hours. If i take a day's annual leave I claim the 7.5 hours so why should the bank holidays suddenly be changed? If this is how I have done this in the past can they suddenly do this to me when they know I am about to leave.
Anonymous says:
I work part time tuesday 9 to 1, wed 9 to 1 and on thureday and friday I work 9 to 5:30. what holiday pay could I get?
Editor: To work out your holiday entitlement, click here - https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
I only work 1 day a week, which happens to be a Wednesday. How do I stand for pay on Christmas Day as essentially my business is closed?
Editor: It depends if your employer includes or doesn't include bank holidays in your leave allowance. Employers do not have to provide paid leave on bank holidays, but if full time staff have bank holidays included in their leave they have to be consistent and offer them to part timers, on a pro-rata basis.
Anonymous says:
I work 16 hours a week Wed, Thursday, fri and sat and was not paid for Xmas day and Boxing Day this year. Is this right? They are days of my working week.
Editor: Employers do not have to include bank holidays in their paid annual leave – see https://www.gov.uk/holiday-entitlement-rights. They do have to give you at least 28 days' leave minimum if you are a full time worker and the pro-rata equivalent as a part timer.
Anonymous says:
I work 28 hours per week, Thursday to Saturday. After March I start working 38 hours per week. Sometimes I cover holidays as well. I worked a total of 1,547 hours this year from 1/1/13 to 30/12/13. How many hours can I take as holidays as I get only 150 hours paid as my holiday, including bank holidays. Please let me know how many hours I'm entitled to?
Editor: Employers do not have to include bank holidays as extra and can include them in the 28 days legal minimum for full time workers [37.5 hours a week]. You would need to work out your hourly entitlement as your hours are not regular. This can be done by multiplying your hours worked by 12.07% which comes out at around 186 hours and 42 minutes – see https://www.gov.uk/calculate-your-holiday-entitlement/y/casual-or-irregular-hours/1547
Anonymous says:
Hi I work 16 hours a week what holiday entitlement should I receive?
Editor: The sta tutory minimum holiday entitlement for full time workers [37.5 hours a week] is 28 days a year which may or may include bank holidays [these do not have to be given as extra]. Part timers are entitled to the same on a pro rata basis which would work out at just under 12 days a year – see https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hi, I work 22.5 hours over a Tuesday, Wednesay and Friday and get 112.5 hours a year. My colleague who also works the same amount of hours as me over a Monday, Thursday and Friday also gets the same amount of holiday entitlement but also gets all the bank holidays on top.
I feel disadvantaged by this as I do not get as much holiday, I do not expect to get the whole day off but something pro-rata would be good. Is there a law on this or is my company abiding by the rules. I did question it with my HR department and their response was the following:
Under the working time regulations your leave + BH must be 28 days pro rota. Therefore, in your case 28/37 weeks x 22.5 hours = 17 days
Currently you have 112.5 hrs leave which is equivalent to 15 days + 4 BHs (Wed 25th Dec, Wed 1 Jan, Fri 18 April) = 18 days so above the legal minimum.
Any information you have on the above would be greatly received.
Editor: You are entitled to the same holidays as a full timer on a pro rata basis. Bank holidays can be included in the legal minimum of 28 days a year for full timers. I would need more details on the situation of your colleague.
Anonymous says:
I work 3 days a week – Tues, Weds & Thurs. We get 25 days annual leave. Can you please confirm what holiday entitlement I should be allowed?? As I see it I should get 15 days pro rata and then 5 days for the bank holidays i.e 3/5 of 8??
Editor: Bank holidays do not have to be included in annual leave, but basic annual leave for full time workers [37.5 hours a week] is 28 days. Is 25 days' leave for full time workers? If so, bank holidays may be added to make it up to the legal minimum. Part timers are entitled to a pro rata equivalent of this leave. The picture on bank holidays for part-timers who, for instance, do not work on Mondays is less clear cut.
The DTI's Guidance on bank/public holidays suggests that in circumstances where employees work fixed days, an employer may need to compensate a part-timer who does not work on a Monday with pro-rated time off in lieu. The Guidance states that:
"Under the [Part-Time Workers Regulations 2000], part-timers should not be treated less favourably than comparable full-timers in their entitlement to public holidays. Allowing full-timers the day off, but not part-timers, is clearly less favourable treatment and unlawful under the regulations unless there is objective justification.
To comply with the law, an employer must treat part-time workers as favourably as they treat full time workers. In some circumstances it may be enough simply to give workers a paid day off if their day of work happens to coincide with the public holiday, without giving time off in lieu to those who would not ordinarily work on that day. This may produce a fair result, for example where a shift system means that full-time and part-time workers are equally likely to be scheduled to work on a public holiday. However, where workers work fixed days each week, such a practice could put part-timers at a disadvantage. For example, because most bank and public holidays fall on a Monday, those who do not work Mondays will be entitled to proportionately fewer days off. In many workplaces, these workers will predominantly be part-timers.
In such cases, it may be necessary to remove the disadvantage suffered by those staff who do not receive particular days off as a result of their particular working pattern, for example by giving all workers a pro rata entitlement of days off in lieu according to the number of hours they work.
Whether either of these approaches meets the requirements of the regulations will depend on the particular circumstances. Whatever approach they choose to adopt, employers should bear in mind the principal that it is unlawful to treat part-timers less favourably than comparable full-timers unless there is objective justification for doing so."
Anonymous says:
I work 36 hrs a week, ranging from 7 hrs to 8.5 hrs a day, Monday's I work 8.5 hrs, my bank holiday entitlement is calculated by 36 hrs divided by 5 working days. Because bank holidays are mainly Mondays I lose 1 hr each bank holiday Monday, is this correct?
Editor: Bank holidays do not have to be included in annual leave, but if they are they should be worked out for part time workers on a pro rata basis and doing so on weekly hours is the usual way to do it. See https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Re term time working.
Since Agenda for Change in 2004 I have always been paid as above. (paid holiday entitlement only for May Day)
Manager now thinks I am not entitled to the May Day bank holiday. In effect she is saying I must work 1 more day for no pay.
I spoke to HR and they are now reviewing the policy. Department Manager is now saying that her decision stands until outcome. Is this lawful?
Editor: You need to give more information. Is this only applying to you and not to all those working a similar pattern in your organisation, which would be discriminatory? What is overall company policy with regard to flexible workers and bank holidays and why was it decided that you would only get the May Day holiday [because it falls during term time?]? It should be consistent.
Anonymous says:
Our full-time workers get 25 days holiday + 8 paid bank holiday days. I work 2 days a week, Mon/Tues one week Thurs/Fri the other. I therefore get 10 days holiday + 3 paid bank holiday days. However if my days avoid all the bank holidays, should I be paid for the 3 bank holidays?
Editor: Where your employer gives additional days off for bank and public holidays, the rights of part-timers may not always be clear. If you work under a shift system where all full-time and part-time workers are equally likely to be scheduled to work on a bank holiday then it may be enough for your employer to give all part-time workers a paid day off.
However, if you work fixed days each week, such a practice could put you at a disadvantage. For example, because most bank and public holidays fall on a Monday, those who do not work Mondays will be entitled to proportionately fewer days off. In cases like this, your employer could give all workers a pro rata entitlement of days off in lieu according to the number of hours they work. Your employer can then control when you take your holiday, coinciding with any bank holidays.
Anonymous says:
I work Monday Tuesday and Wednesday 25hr 30min a week. I have 11 days holiday because they take out bank holidays. My work colleague works Wednesday Thursday Friday and gets 12 days holiday plus five extra days to take when she wants. Is this correct?
Editor: You will need to provide more information. Does your colleague work the same hours as you? Is the discrepancy due to bank holidays? Employees are entitled to at least 28 days holiday if they work full time and the equivalent on a pro rata basis if they work part time. Bank holidays may or may not be included in this.
Anonymous says:
I work term time only. All leave and bank holiday entitlement (pro rata in hours) is included in our pay calculations and divided so we get paid every month. One bank holiday falls in term time (May Day) and one days pay gets deducted from our salary for this, bank holiday entitlement then added on. Department manager is now saying that all term time staff must work an extra day at end of term to account for us taking May Day off.
Editor: Is this a change in what they have done previously? I just want to clarify – they are deducting a day's pay and then adding on an extra day?
Anonymous says:
I work 32 hours per week with a Wednesday off. With Christmas and New Year falling on a Wednesday, will I be entitled to a day off in lieu?
Editor: Part time workers are entitled to a pro rata equivalent of 28 days. Bank holidays do not have to be granted as paid leave and may be included in the 28 days. Does your employer give paid bank holidays to full timers? With regard to part timers where bank holidays do not fall on the days they work, the law is not totally clear. The DTI states: "To comply with the Part-time workers regulations, an employer must treat part-time workers as favourably as they treat full time workers. In some circumstances it may be enough simply to give workers a paid day off if their day of work happens to coincide with the public holiday, without giving time off in lieu to those who would not ordinarily work on that day. This may produce a fair result, for example where a shift system means that full-time and part-time workers are equally likely to be scheduled to work on a public holiday. However, where workers work fixed days each week, such a practice could put part-timers at a disadvantage. For example, because most bank and public holidays fall on a Monday, those who do not work Mondays will be entitled to proportionately fewer days off. In many workplaces, these workers will predominantly be part-timers. In such cases, it may be necessary to remove the disadvantage suffered by those staff who do not receive particular days off as a result of their particular working pattern, for example by giving all workers a pro rata entitlement of days off in lieu according to the number of hours they work. Whether either of these approaches meets the requirements of the regulations will depend on the particular circumstances. Whatever approach they choose to adopt, employers should bear in mind the principal that it is unlawful to treat part-timers less favourably than comparable full-timers unless there is objective justification for doing so."
Anonymous says:
I have been told I have 55 hours holiday left. I work 18.75 hours per week if I have 2 weeks off – 37.50 hours – this leaves me with 17.50 hours left. How do I fit in the extra hours into an 18.75 a week when the days are different hours?
Editor: You do not say how many hours you work a day. You could spread the hours over several days and just take a few days off in the third week or agree with your employer to leave early on several days and use your holiday as half days or do extra hours in another week to give you a full week. It depends on your job and you would have to negotiate this with your employer.
Anonymous says:
Hi there, I work Mondays and Fridays (16 hours).
How many days holiday am I entitled to a year?
Also I started maternity leave on February 1st but took holidays at the beginning of January. (My holidays run from January to December) I then took an extra 3 months unpaid leave and am due to return 1st February. If I wanted to hand my notice in would I owe any money?
Editor: Unless you had enhanced maternity pay you should not owe any money as you accrue holiday during maternity leave up until the date you leave. In terms of calculating holiday entitlement you are entitled to a minimum of 28 days if you workd full time which may include bank holidays. If you are part time this would be pro rata'd – see https://www.gov.uk/calculate-your-holiday-entitlement
Anonymous says:
Hi there. I work all day Monday and half a day Wednesday as a dentist. The practice owner has allowed me 6 weeks holiday plus 2 and half days Bank Holiday, giving me 11 and 1/2 days in total. However, because of the Monday situation I am forced to use 4 days for Bank Holiday Mondays straight off. This means my actual 'chosen' holiday is reduced to 7 and half days, and even more restricted if Christmas or New Year fall on Mon or Weds! My colleague works 2 and a half days, half a day Monday, all day Tuesday and all day Wednesday. She was allocated 15 days plus 4 Bank Holidays pro-rata ie 19 days. However, I have noticed that she is being allowed to claim just the half day for each Bank Holiday Monday. This means that she is getting 4 Bank Holidays off for just 2 days holiday, leaving her with 2 extra days. I feel this equates to at least 6 Bank Holidays in total for my colleague and is therefore unfair. I have advised my boss of this and pointed out that if my half day was on the Monday I would cover all the Bank Holiday Mondays with my allocated amount of 2 and 1/2 days and have a half day over as well, but she just reinforced that's the way it is for part timers. She has been very mean to me this year in general and I would love an expert's opinion on this matter. Look forward to a reply, whatever it is, will put my mind at rest. Many thanks.
Editor: From what you say your employer has allocated bank holidays on a pro-rata basis and since your colleague only works half a day on Mondays this is being taken into account in the pro rata allocation. Legally, employers do not have to include bank holidays as extra but can include them in the 28 days a year minimum annual leave for full-time workers [worked out pro rata for part timers]. If they choose to give bank holidays as extra there should be a consistent policy on this.
Anonymous says:
thank you for the above answer, also our lunch has been cut to 45mins from an hour because they have said we are only allowed 45 mins after 6 hours work.
Anonymous says:
Hi, I have been employed in this job for 2.5 years, we were given 28 days holiday including bank holidays. I am paid salary 156 hours a month working 4 days and half day sat. My employer has said now because I work 4 1//2 days my entitlement is 26 days.
Editor: Full time workers are entitled to 28 days a year holiday which may or may not include bank holidays. Those who work fewer than full time [37.5 hours a week] are entitled to a pro rata equivalent of 28 days.
Anonymous says:
I work 24 hours a week over 4 days – am I entitled to 28 days holiday.
Editor: 28 days is the minimum holiday for a standard 37.5 hours a week. You are entitled to the holiday paid to full-time workers in your organisation, but on a pro-rata basis ie based on the hours you work.
Anonymous says:
I work 2.5 days a week, Wednesday, Thursday & half day Friday. My colleague works Monday, Tuesday & Thursday morning. As most of the bank holiday full on a Monday my employer has agreed that it is only fair that I get these extra days back on top of my holiday entitlement which is 11.5 days. The only problem is, when Christmas falls on a Saturday or Sunday, then my colleague gets the Monday & Tuesday off and my boss is not allowing me these days back. I feel that he is treating me unfairly as I lose out for a number of years.
Editor: Do you mean that you get the Mondays, but not the Tuesdays? Your employer does not have to give bank holidays as extra on top of holiday entitlement, but if they have decided to give you the Mondays what reason do they give for denying the Tuesday if that is also a bank holiday? Christmas and Boxing Day do not often fall at the weekend and it is important to consider that you are talking about a very small number of days here. You need to consider it it is worth pushing this issue, particularly given that your employer is topping your holiday up for Monday bank holidays.
Anonymous says:
I work 37.5hrs a week and have 22 days holiday a year. How many days does that equal in a month?
Editor: You should be entitled to 28 days a year, but bank holidays can be included in this. 37.5 hours is considered full time. 22 days would be just under two days a month, but your employer can turn down holiday requests at a certain time with due notice, but can't refuse to let workers take annual leave at all. see https://www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement
Anonymous says:
I work 24 hours over 4 days and my employer states I have 13 days annual leave and 6 bank/public holidays. Can you confirm this is correct.
Editor: Full time workers are entitled to 28 days annual leave which may or may not include bank holidays. Part time workers are entitled to the same on a pro rata basis. Do full time workers get bank holidays included in their annual leave or as extra ie do they get more than 28 days leave? You should not be treated differently as a part time worker.
Anonymous says:
I'm contracted 16 hours, but they only rota me for 15.5 hour per week. Will I get in trouble?
Editor: Can you explain a bit more? Do you mean in terms of tax credits?
Anonymous says:
I work 37.5 hrs a week over 4.5 days. I'm entitled to have now 29 days of holiday + BHs. How many sessions I am entitled to as our employer calculated 51 total over 12 months; 2 sessions/full day and 1 session/half day?
Editor: I am not sure I understand your question. Are your 29 days and bank holidays for a full time position or calculated pro rata? You would be entitled to whatever a full time equivalent post gets on a pro rata basis so if this is worked out hourly you would divide it by the percentage of hours you work compared to a full time equivalent – see this calculator - https://www.gov.uk/calculate-your-holiday-entitlement.
Anonymous says:
I work 24 hours per week Saturday & Sunday since August 2008. My holiday entitlement has been 8 days per year. However, in March of this year I wrote them a letter asking for my holiday entitlement to be rectified in accordance with the Working Time Regulations law. I am entitled to 11.2 days per year. I also asked them to backdate to 2008. Last week the manager came to me and said that I could take the 11.2 days this year and that they would backdate to 2008. So not counting this year I missed 3 days holiday each year multiplied by 4 – they have to pay me 12 days. My question is: what about time off work am I also entitled to 12 days off work or am I just entitled to receiving the money?
Editor: If they are paying you it would be lieu of days off.
Anonymous says:
Hi, thank you for your reply to my question about bank holidays (my question was the 20 days annual leave plus bank holidays which my manager is now trying to change to be included). You say this is a breach of contract [if I used to have the bank holidays as additional] and asked if anyone else has to include bank holidays in their annual leave. I asked this very question today to two full-time colleagues and they do not take bank holidays out of their annual leave entitlement. I have emailed my HR department, but as yet they have not replied to me! Again thanks for your reply.
Anonymous says:
Hi there, please can you help me. I am currently on maternity leave, due to go back after 12 months. During that time I will have accrued a total of 35 days holiday. I have requested to take my holiday on every Thursday and Friday until it runs out and with my new year's holiday allowance that I continue to accrue, continue to take those Thursdays and Fridays off. First of all they said they don't think my role works on 3 days a week, then they said they would let me try 3 days a week to see if I could make it work, but they want to force me to change my contract to 3 days a week as soon as I go back. And shockingly, the only reason they want me to do this is so I accrue 10 days less holiday in the next holiday year as I will only accrue holiday on a pro rata basis! Please can you tell me if they are allowed to do this?!! Thanks.
Editor: They definitely cannot force you onto a part-time contract following maternity leave without any justifiable business reason. They cannot say your job can't be done on three days on the one hand and force you to do it on three days. That doesn't make any reasonable sense. However, subject to your contract, your employer can refuse your request over when to take annual leave. You will need to negotiate with them and perhaps suggest a shorter trial period to see if it works. If you require further advice, please contact our experts through the Advice & Support/Q & A page box.
Anonymous says:
I work 18.5 hours per week which is a 0.5 contract with my employer and my contract states that I am entitled to 20 days holiday per year which is pro rata as full timers get 40 days per year. My contract says that 'in addition' to my annual leave entitlement I am entitled to the bank and public holidays on a pro rata basis. I am presuming that means I get 20 days plus 4 days bank holiday therefore totalling 24 days. I have a new manager who is saying that I now have to take bank holidays out of my 20 days annual leave. Can this happen? Can I just be told to start taking it out of my annual leave when my contract states bank holidays are in addition to my 20 days annual leave entitlement?
Editor: Legally, employers do not have to give bank holidays as additional holiday, but if your contract clearly states that bank holidays are in addition to your 20 days and this is how you have been working up until now, then this would be a breach of your contract. Are other staff who work full time expected to take bank holidays out of their leave as this could also constitute discrimination?
Anonymous says:
I work every Monday/Tuesday and have worked them for the last 2 years. I do not receive any extra money for bank holidays and I did not work for one bank holiday, but received no pay! I also receive no holiday pay! Is this correct?
Editor: You are entitled to holidays on a pro rata basis if you work part time [full timers get 28 days]. Holidays may or may not include bank holidays.
Anonymous says:
I am going part time 3 days a week which is 25 hours – we have factory shut downs and I will get paid my 3 days as normal plus when I was on full time we got 10 days to have when we wanted to. But I have been told since going part time I only get 4 days to have when I want to. Is this right but a colleague has gone part time 20 hours but over 4 days and she gets more. They say its because she's working 4 days and I'm only doing 3 but l'm doing more hours in my 3 days than her in her 4 days. Is it right?
Editor: Are you talking about holidays? I am a bit unclear. If it is holiday then you should be entitled to the same as a full-time worker, but on a pro rata basis, which is based on hours not days worked.
Anonymous says:
hi, I work part time 11 and a half hours in a club cleaning. I work mon 2hrs, tues, wed, thurs, fri and sat & 2 hrs sunday. I get paid £6.95 an hour so I work all bank holidays for the same money and have no day off. Is this legal?
Editor: Employers can choose whether or not to include bank holidays within holiday entitlement, but bank or public holidays do not have to be given as paid leave.
Anonymous says:
I work 22hrs over 4 days. How many days holiday should I be entitled to?
Editor: Every full-time employee is entitled to a minimum of 28 days holiday. This is the same for part-time workers but calculated on a pro-rata basis so you should get around 16 days holiday.
Anonymous says:
I work 16 hours a week and currently do not receive any hoilday or bank hoilday pay or any time of in leu. Please could you advise me if this is correct before i talk to my employer about this.
Anonymous says:
I’ve gone part-time 3 days a week and work Mondays, I’ve been told my pro-rated annual leave will be reduced by a further 2 days because of the fact I get too many bank holidays, yet it’s not as if I could work them as the office is closed. I just wanted to check if they can do this as my contract says I am entitled to 20 days annual leave excluding bank holidays …I would have thought it would have to be worded 28 days including bank holidays to do this??
Anonymous says:
I work 30 hours a week over 4 days with alternating days off, over the two easter weeks i will only be working 3 days each week and getting an extra day off, will i owe time because it is less then 80% of my contracted weekly hours?? And how much time will i owe? In the past if i have had a bank holiday fall on my day off then i have been given a day in lieu so why do i now have to owe time??
Anonymous says:
I work 37 hrs a week over 5 days in an elderly care home, my employer pays time and a half for bank holidays and says because he does this, I am only entitled to 20 days holiday a year. Is this correct?
Anonymous says:
Please help me with these two questions. I have worked 24 hours two days a week Saturday & Sunday (night shifts) since 2008. My contract says that my annual entitlement to paid holiday is 8 working days which is accrued at the rate of 0.7 days per completed calendar month. Is this right? Shouldn`t I be entitled to 11 days?
My other question is that even those 8 days holiday per year he does not allow me to take them in full – only 4 days maximum at any one time like two weekends in one month and the other two in a different month. I see other full time workers taking 3 weeks (21 days) holiday in one go. Can my employer do this? If not, what steps should I take to be treated fairly?
Editor: Our employment lawyer Sejal Raja says: I used the Government website to calculate your holiday entitlement and agree with you in that you are entitled to 11 days. You are entitled to 134 hours and 24 minutes holiday a year, which equates to 11 days per year. If you are being treated less favourably than full-time workers because of your part-time status, particularly in relation to how much holiday you are allowed to take, you may have a potential claim for less favourable treatment on the grounds of your part time status. I suggest that you raise a grievance in the first instance in relation to the calculation of your holiday entitlement and your ability to take the number of holidays that you require.”
Anonymous says:
Can someone help me? I am the only full time worker and therefore get all bank holidays, although I feel it’s unfair that the rest of the staff who are all part time and do not work on a Monday unless they are on the rota to do so take an extra day off work. For example, if they work 3 days they will then pencil themselves in for only working two days. As a full timer I don’t think this is fair. I want to approach this, but this will cause upset for all the other staff but somehow I think that they are getting more holiday.
Editor: Part timers are entitled to the same holiday as full timers, but on a pro-rata basis. This may or may not include bank holidays. If full timers get bank holidays, part timers are entitled to the same number on a pro rata basis.
Anonymous says:
Hi, I have come back from maternity leave and have reduced from full time to part time hours, but am working every day. I have been told that part timers working 5 days have bank & public holidays taken from their leave of 28 days. However, when I was a full time member of staff I was allowed 20 days with all bank/public holidays paid in addition to this. Could this fall under the less favourable treatment of part time staff compared to full time regulations?
Editor: You should get the same holidays as full timers but on a pro rata basis so if they get bank holidays then you should get them on a pro rata basis.
Anonymous says:
In reply to the above comment, it’s not the amount of holidays that are bothering me; it’s the hours they’ve chosen. I’m being paid 14 hours holiday while a girl that works 1 day a week get 36 hours paid, is this right?
Editor: According to my calculations, based on 28 days pro-rata-ed at 11 hours a week, you should be entitled to eight days a year holidays – and your colleague’s hours should be based on the same formula so it is worth querying it.
Anonymous says:
Hi, I’m contracted to 11 hours a week, 3.5 on a Friday and 7.5 on a Saturday. My boss came up to me today and handed me a note with 4 dates on it stating they are my holidays! He’s given me every Friday off for a month but gave another worker every Saturday off for a month. She normally works 8 hours on a Saturday, so in theory she is getting paid 32 hours pay while I will get paid 14 hours. Is this allowed?
Editor: As a part time worker you are entitled to the same holidays as a full time worker – 5.6 weeks – but on a pro-rata basis. You would need to calculate what this is. See https://www.workingmums.co.uk/working-mums-magazine/all/page_4/1076691/holiday-rights-for-parttimers-the-workingmums-guide.thtml 
Anonymous says:
I posted previously about working 22 hrs over 3 days (Monday, Thursday and Friday) I get 11 days holiday + I get the 4 Bank Holiday Mondays and the Good Friday off. I don’t get anything if New Year’s Day, Xmas Day and Boxing Day fall on my days off. The full timers work 37 hours over 5 days and get 22 days holiday + all 8 bank holidays. Surely my holidays can’t be correct. Please help x
Editor: You are entitled to the same holidays as full time workers on a pro-rata basis. Bank holidays may or may not be included in this. You say you are receiving 16 days holiday a year, compared to 30 days for full timers. If you are a part-timer and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day. According to following holiday calculator, you should get 17 days off – see http://www.employmentrights.co.uk/employers/part-time-workers-holiday-entitlement/ 
Anonymous says:
I work part time 2 days a week 14 hours a week. It’s been a year now with no holiday pay. Am I entitled to holiday pay?
Editor: As a part-time worker you are entitled to holiday on a pro-rata basis – https://www.gov.uk/holiday-entitlement-rights/entitlement if you are an employee and not self-employed.
Anonymous says:
How many holiday days am I entitled to a year? I work weds 7.5hrs, thurs 9hrs. fri 8.5hrs and sat 5hrs. The salon I work in does not open on a Monday, how does this affect me?
Editor: You are entitled to 5.6 weeks of holiday a year if you work full time so you would need to calculate your holiday on a pro-rata basis. See https://www.gov.uk/holiday-entitlement-rights/entitlement
Anonymous says:
I work 15.5hrs a week which is over mon 4.5hrs, tues 3.5hrs, thurs 4.5hrs and fri 3hrs. I have felt my holiday entitlement is incorrectly calculated. I have just been given this years jan to jan- 68 hours Annual Leave Entitlement with 25 hours Bank Holiday entitlement – total 93 hours. Could you please advise if this is correct as when I checked on the government website it calculated 86 hrs 48 mins? A previous part timer left as she said she was being given less than she was entitled. Many thanks.
Editor: You are entitled to 28 days if you work full time and this is worked out on a pro-rata basis. See https://www.workingmums.co.uk/working-mums-magazine/all/page_3/1076691/holiday-rights-for-parttimers-the-workingmums-guide.thtml for how to work this out. Bank holidays can be included in your annual leave entitlement.
Anonymous says:
i work 20 hours mon to fri have to work bank holidays yet they are part of my annual leave. Is this right?
Editor: Bank holidays do not have to be given as paid leave and an employer can include these as part of annual statutory leave, which is 28 days for full-timers and the equivalent pro-rata for part timers. See https://www.gov.uk/holiday-entitlement-rights/entitlement 
Anonymous says:
Hi, I would like some advice please I work part time 30 hours a week Monday to Friday 9-3. How many days holiday should I be entitled to?
Editor: See this article which will help you to calculate - https://www.workingmums.co.uk/advice-and-support/q-and-a/82353/pro-rata-bank-holidays-ask-the-expert.thtml
Anonymous says:
I work 3 days per week. Mon, thurs and sat which means I work bank holiday mondays. I get double time for working bank holidays, but have just found out that a day’s holiday is also taken off my entitlement for these days. Obviously, I don’t think this is right. Can anyone help to or advise me on this please.
Editor: What are your colleagues who are full time entitled to? Do they get bank holidays off and are they paid double with their holidays docked? As a part-timer you are legally entitled to be treated in the same way as full timers, albeit on a pro-rata basis. See https://www.workingmums.co.uk/advice-and-support/q-and-a/82353/pro-rata-bank-holidays-ask-the-expert.thtml 
Anonymous says:
I am part time two days a week tues and wed and have all public hoildays taken off of me now. Is this right?
Editor: See the following answer – https://www.workingmums.co.uk/advice-and-support/q-and-a/82353/pro-rata-bank-holidays-ask-the-expert.thtml 
Anonymous says:
I would also like help with my holiday entitlement. I work part-time on a Monday, Wednesday and Friday (22 hours altogether) I get 11 days which is one day short of 4 weeks off. Is this right? Another member of staff works the same hours but works a Monday, Tuesday and Wednesday and gets 12 days.
Editor: Employees are entitled to a minimum of 5.6 weeks paid annual leave. This is 28 days for someone who works five days a week. Bank and public holidays may be included in the minimum entitlement and there is no statutory right to be paid bank and public holidays on top of that entitlement. As a part-time worker you are entitled to the same amount of holiday pro rata. Have you questioned why your colleague gets more days off than you and does the same hours?
Anonymous says:
I work 30 hours over 4 days therefore not working on a Wednesday. Over the Christmas period this year Boxing Day falls on a Wednesday and therefore as I would be off that day anyway, in past employment I have been given an extra bank holiday. This year my new employers are saying that this is incorrect and I still have to use 3 days holiday instead of, can you shed any light?
Editor: Employees are entitled to a minimum of 5.6 weeks paid annual leave. This is 28 days for someone who works five days a week. Bank and public holidays may be included in the minimum entitlement, but there is no statutory right to be paid bank and public holidays on top of that entitlement. As a part-time worker you are entitled to the same amount of holiday pro rata.
Anonymous says:
I work 28 hours per week and work Mondays. I get paid bank holidays and have the day off but the part time workers who don’t work Mondays get half a day pay, is this fair? Also should I have an extra half a day’s holiday entitlement as I think this is unfair, as they are getting paid for nothing and if the shop was open I would be at work.
Editor: If you want one of our experts to answer your question you need to apply via the Advice & Support/Q & A page as we will then have your email and be able to ask any follow-up questions eg what explanation your employer might give for this policy eg would the other employees also normally work on a Monday.
Anonymous says:
I would like some help with my holiday entitlement please? I work part time Monday and Tuesdays 16 hours a week. I have been told because I work Mon and Tues, I automatically benefit from most Bank holidays and this year would be 6 bank hols (from leave year 1 May to 30 April 2013) – plus 2 closure days which the firm gives you. Total 8 days, which should be my entitlement. Instead it is worked out as:- Basic Bank hol leave = 8 days plus 3.6 days of bank holidays which is equivalent to 9 days for f/time worker. Plus 1.6 closure day(s) (which the firm gives you- equivalent to 4 days for f/time worker). Total they have given me is 13.2 days adding all those figures. Then they have taken 0.8 for Less contribution to closure (which is what they ask you to do each year), Less 6.0 for Bank Hols taken and 2.0 Less closure days taken. Which leaves me with a total of 8.8 days. They have told me my Total Net hol entitlement is only 4.5 days and I don’t understand why! They have it all calculated out, but it is not my fault I work on a Bank Holiday and although I get paid for it, I shouldn’t be penalised. Having taken 2 days of my holiday already this year, as I started on 8 May 2012 and the leave year starts 1st May to 30 April – I only have 2.5 days left for the whole year which seems ridiculous. Should I question this with them, and what links shall I use to explain? Thanking you, hope to hear back.
Editor: See https://www.workingmums.co.uk/advice-and-support/q-and-a/82353/pro-rata-bank-holidays-ask-the-expert.thtml. If you require a more detailed reply, please go to our Advice & Support page and fill in the form there for our experts.