Pro rata bank holidays: Ask the expert

I have been off work since May 31st 2007 and return to work on 3rd June 2008 after having my son. I used to work 5 days a week 9am – 5pm and I am returning 4 days a week – having a Monday off – as I have to take my son to hospital since he was born with a twisted foot. Am I right in saying that I should be entitled to a lieu day for any bank holidays landing on a Monday which is my non-working day?

This answer is still correct as of August 2017

This question is not as straightforward as it sounds since it depends on the working pattern of the employee and her fellow colleagues and also what is laid down in her contract of employment or in a Company Handbook, if one exists.

Legally, part-timers should not be treated less favourably than comparable full-timers in their entitlement to public/bank holidays. Allowing full-timers the day off, but not part-timers, is clearly less favourable treatment and unlawful. To comply with the law, in some circumstances employers may 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 should produce a fair result 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. This is because most bank/public holidays fall on a Monday and those who do not work Mondays will be entitled to proportionately fewer days off.

In many workplaces, these workers will predominantly be part-timers. Therefore, to remove any disadvantage, a common approach is to give all workers a pro rata entitlement of days off in lieu according to the number of hours they work. So in your case, you would get 4/5 of the 8 bank holidays. This is then added to your annual leave and all bank holidays are taken from this allowance. For example, if you had a holiday allowance of 20 days you would add 4/5 of 8 bank holidays = 6.4 days (round to 6.5). This makes a total holiday entitlement of 26.5 days, including bank holidays. Any bank holidays that fall on your normal days of work have to be ‘booked’ from your 20 day entitlement.

There is no one “formula” for this, as long as employers are treating full time and part time employees consistently and fairly. Many employers will have a policy laid down for this or there may be a reference to it in your contract of employment so I would suggest that you check these documents and then have a discussion with your employer.

It might also be worth checking with other part-time people in your company what the process has been for them on bank holidays.

Anna Docherty has over 14 years’ experience working in human resources.
While every care has been taken in compiling this answer, Workingmums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.




Comments [178]

  • Carly says:

    Hi, I work on a term time basis 38 weeks per year. I have been told that I get 4 weeks annual leave which is fine, however I have been told that if a bank holiday falls inside the school term then I will be paid for it, however if the bank holiday falls when the schools (and me) are off then I do not get paid for it? I just wanted to check this was correct? Thanks

    • Mandy Garner

      Mandy Garner says:

      As you are a part-time worker, you would get a pro rata [percentage] of full time workers’ holiday. You can work this out by calculating how many hours you work a year compared to full-time workers. You would then get a percentage of full-time holidays. If full timers get the statutory minimum of 28 days [including bank holidays] you can calculate it here – https://www.gov.uk/calculate-your-holiday-entitlement.

  • Gemma Lee` says:

    Hi. Please could some one help with my PT holiday entitlement. I have recently gone PT after having my son. I work a Tuesday, Wednesday and Thursday, 7.5hrs each day and 22.5hrs a week.

    I used to get 20 days plus bank holidays for my full time entitlement.
    I have recently been told that my PT entitlement is 90hrs (12 days) Is this correct?

  • Anon says:

    Hi,

    I have recently changed from 37 hours (normal company working week) to working Monday – Thursday 30 hours. My colleague has also changed her hours from 37 to Tuesday – Friday. I have been told that as she doesn’t work on Mondays she will have 27 days holiday and I get 20. I then am entitled to 8 bank holidays and she will be able to take any bank holidays off without losing holiday and getting paid. This does not seem correct. Can you help please. A full time worker working 37 hours per week is entitled to 25 days per annum plus 8 days holiday.

    • Mandy Garner

      Mandy Garner says:

      Hi,
      You are entitled to a pro rata of whatever a full timer in your organisation gets so if you worth four fifths of a week you will get four fifths of 25 days annual leave plus eight bank holidays. You will then have to use this holiday to cover the bank holidays which fall on days you would normally work. As you work on a Monday when most bank holidays fall this means you would have less choice over when to take your holiday than your colleague who doesn’t work on a Monday. However, you would both get the same amount of holiday.

  • N Quinn says:

    Hi I have gone down to 4 days a week Mon-Thur, what should my holiday entitlement be. I used to get 25 days per year plus Bank Holidays.

    • Mandy Garner

      Mandy Garner says:

      Hi,
      If you are working four full days then you would get a pro rata of your full-time holidays ie four fifths of the total holiday you received as a full time worker [leave plus bank holidays].
      Best wishes.

  • T Farooqi says:

    I work 3 days a week (Mon, Tue, Fri). There are 22days annual leave for Full Timers. I received a new contract in 2015 for February 2016 that states following
    “Hours of Work: The normal working hours are 18 hours per week – 3 days
    Holiday: There are 13 days annual leave per year. 8 Bank Holidays and 7 Guild Closed days. “
    Our organisation has 7 extra closed days over Easter and Christmas. Last year I was not penalise for any bank holiday and closed days. This year HR is saying that my annual leave entitlement will be reduce by 2 days because 8 Bank Holidays and 7 Guild Closed days equal to 15 days. According to HR I am entitle to 60% (based on 3 days) of 15 days that is 9 days but because of my work patter I will avail 11 days instead of 9 days. I said, according my contract they have mentioned my salary as pro rata but annual leave is mentioned exact days with bank holidays and closed days. Am I right to say that Bank holidays and closed days can’t be pro rata for me because it is not mentioned in my contract?

    • Mandy Garner

      Mandy Garner says:

      Hi,
      As a part-time worker you are entitled to a pro rata of whatever full timers in your organisation get. The 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. If they are given as extra you would get a pro rata of these.

      • T Farooqi says:

        I need your advice regarding closed days (during Christmas and Easter) decision made by my organisation. Due to my work pattern they want to apply a pro rata rule for those closed days for me and deduct any extra day from my annual leave entitlement. Closing the organisation is management’s decision why should they force me take day/days out of my an annual leave allowance when closed days are not my part of leave entitlement.

  • Mav says:

    Hi,
    I work 28 hours a week out of 35 hours and annual leave entitle is 21.6 days out of 27 days and Bank holidays is 6.4 days. My working pattern is Mon – Thurs.
    In 2018 there are 5 bank holidays on Monday, 1 on Tuesday, 1 on Wednesday and 1 on Friday

    So annual leave entitlement will be 28/35* 27 = 21.6 days
    Bank holiday entitlement will be 28/35* 8 = 6.4 days

    So I understand that I will have to book off 6.4 days BH days.

    My question is will the remaining 1.6 BH days be deducted from my annual leave allowance even though Friday is my non working day. I think only 0.6 days should be deducted from my annual leave.

    Can you help.

    Thanks.

    My monthly salary is the same regardless of BH.

    • Mandy Garner

      Mandy Garner says:

      Hi,
      You are right that you get a pro rata of whatever full timers get for annual leave and bank holidays. If your work is closed on Mondays, you will have to use that allocation [ie annual leave and bank holidays] to cover that time off. You get the same time off as someone who doesn’t work on a Monday, but you have less choice over when you take your leave.

  • Steve says:

    Hi

    I work 16 hours a week on fixed days m – weds and Sunday.

    The company pro rata entitlement based on the of 49 hours and 23 days including bank holidays.

    So what is my entitlement, I have another colleague on 15 hours, 20 hours and 24 hours all in the same boat.

    As bank holiday Monday’s, Friday’s etc is not a working day for us do we get paid? Do we have to book leave from our entitlement to get paid? Or are they automatically taken out of our entitlement?

  • Kirsty says:

    Hi I’m a part time worker I work 30 hrs a week 5 days a week my work has given me 126 hrs holiday a year including bank holidays I questioned this and they said it was because I was part time and they were basing it on a pro Rata basis and because I’m paid salary is this correct or should I question it further

    • Mandy Garner

      Mandy Garner says:

      Hi Kirsty,
      As a part-time worker you should be paid a pro rata of what full timers get so, for instance, if full timers get 28 days holiday – the legal minimum [this can include bank holidays which do not have to be given as extra] – and work 40 hours a week you would get three quarters of that.

  • Coco says:

    Hi
    I am jobshare, Me and my jobshare partner entitle 12.5 leaves per year per person. I work on Monday – Wednesday (2.5 days ) per week and my jobshare partner is work on Wednesday to Friday (2.5 days) per week
    due to the bank holidays mostly fall into Monday to Wednesday. and the HR has deduct my leave due to bank holiday.

    therefore my leave for 2018
    entitle 12.5
    plus entitle half bank holidays (8 bank holidays in 2018, I am entitle to half which is 4 days)
    therefore I should get 16.5 days leave.
    but as 6.5 days fall into my work days, therefore I only got 10 days in 2018. but my partner got 15 days.

    we do work on bank holidays but on request basis only also if I request too much. they will not let me to get it.

    I think the company should give me the priority to work on bank holidays as its quite unfair that I need to begging and fight for that.

    is the company doing it right?

    Thanks a lot !

    • Mandy Garner

      Mandy Garner says:

      Hi,
      I’m afraid that part timers’ holiday is calculated on a pro rata basis regardless of days worked. Full timers should get a minimum of 28 days a year which may or may not include bank holidays [these do not have to be given as extra]. As a part timer you should not be treated unfavourably compared to a full timer, however. You mention that bank holidays can be worked on a request basis. Does your employer have anything written down on how they operate the bank holiday policy and is it operated in a way that might be discriminatory to part timers?

  • Laura says:

    Hi, again some help would be great. I currently work full time 37.5 hours (working 8.30 – 5) and receive 27 days holiday plus bank holidays.

    I’m looking to reduce my hours to 9 – 3.30, 4 days per week so 26 hours in total. Would someone be able to tell me what my holiday entitlement would be?

    Thanks in advance

  • Mrs N says:

    Hi can any one help – I changed my working pattern this year from Jan to June 30th I worked a 35 hour week and was entitled to 25 days holiday + 8 statutory days. From July to Dec I will be working 28 hours a week (4 days) and my day off is a monday – how do I work out how much holiday I am entitled to for the rest of the year or for the whole year given the change – So confused.

    • Mandy Garner

      Mandy Garner says:

      Hi,
      You would need to work it out on a pro rata basis. Is the 25 days holiday plus 8 bank holidays for 35 hours equivalent to full time hours? If so you would get 80% of what you got before [ie four fifths]. You would get a pro rata of both the 25 days and the 8 statutory days, regardless of which day you are off.

      • Mrs N says:

        Hmm I will give it a go thanks.

        • Mrs N says:

          Sorry didn’t read you reply properly – Full hours would be 40 per week this would be a change as it would 7.5 hours for 4 days but not Mondays?

          • Mandy Garner

            Mandy Garner says:

            That would mean you would have three quarters of a full timer in your organisation’s holidays, including bank holidays. Legally, full timers should get 28 days a year in holiday. That may or may not include bank holidays. They do not have to be given as extra. If they are given as extra you would get three quarters of what full timers get, irrespective of what days you work.

  • AJ says:

    Hi

    Wondering if you can help please – I currently work 30 hours per week split equally over 4 days and I have a Tuesday off.

    My holiday entitlement is 20 days (pro rata) which would be 16 days leave.

    My question is around the bank holiday element and whether this should be pro rata in my circumstance. I think not and my basis for this is below in regards to not being treated less favourably:

    A full time equivalent would have 20 days leave = 4 weeks plus all of the 8 bank holidays.

    Myself – in order to have 4 weeks leave, I would need to book 16 days which is my entitlement so this is equal. As I am off on a Tuesday, this means that I would need to book all of the bank holidays off – therefore in my mind to keep me equal with full timers, I should be entitled to all of the 8 days.

    If my bank holiday were pro rata, this would mean 6.4 days, leaving me a deficit of 1.6 days leave in comparison to equivalent full timers. I.e. when it comes to leave I lose out on 1.6 days worth of pay.

    Is this right? Should my entitlement be 16 days plus all of the 8 days? Or is my logic all out?

    Really appreciate any advice you can give here.

    Thanks

    • Mandy Garner

      Mandy Garner says:

      Hi,
      I’m afraid the standard practice is to pro-rata bank holidays for all part timers. That means you will get the same holiday as someone who did your hours, but didn’t work a Monday, but you will have less freedom to choose which days off you take as you will have to take the Mondays.

  • Aman says:

    Hi, ive recently returned back to work after having my son now doing 18 hours a week wed to fri, 9 til 3. They have given me 12.5 days holiday based on what hours i used to do which was 37 hours.

    I have been given 4 days on top for the bank holidays but they have taken half day off for good friday, i just cant understand why this is? Can you advise?

    They worked my bank holidays as follows:

    8 bank hols ÷ 37 full time hours x 18 part time hours = 3.89 (rounded off to 4 days) and taken off half day for good friday.

    Your advice would be helpful.

    Thanks

    • Mandy Garner

      Mandy Garner says:

      Hi,
      They should pro rata the bank holidays, which looks like what they have done. You would then have to use your annual leave to cover any bank holidays that fall on your working days. I am not sure from what you have said what days you work, but if you work a Friday, then you would have to take the hours you would normally work on a Friday out of your leave allocation [pro rata leave plus pro rata bank holidays].

  • vix fox says:

    HI I wanted to clarify something if I could please?

    Our organisation give 26 days holiday a year plus the bank holidays on top so say there were 8 bank holidays (for the sake of the discussion) that would be 34 days paid holiday.

    I work 30 hours a week Monday -Thursday but as the company say they don’t pro rate bank holidays I am told I do not qualify for an extra days leave , the same as many others in the company who work part time, yet my annual leave is pro rated, (rightly so).

    Where do I stand on this please? As there are others in the organisation that get an extra paid days leave.

  • lisa says:

    I work 24 hours Monday to Thursday but during the school holidays I revert to 16 hours over 2 days. How do we work out my holiday entitlement? Given that I am off during school holidays, I don’t need much holiday – would it be best to be contracted to work more week but take my holiday during school holidays (if that makes sense). In order to work out how many weeks extra I could work, Id need to know how to calculate the holiday….

  • Don says:

    Hi can anyone please advise. I work 3 days per week monday-wednesday, 21 hours per week. A full timer gets 26 days holiday and bank hols in addition. My company have worked out my holiday as this 26 days + 8 bank hols = 34 (full timer) to calculate mine they then do 34/5 × 3 = 20.4 (my holiday allowance) they have then automically taken 7 days off for bank hols leaving me with 13 days total. Is this correct. Doesn’t seem right that full timers get 5 weeks off and BH in addition and I only get 4 weeks??

    • Mandy Garner

      Mandy Garner says:

      Hi Donna,
      You would get a pro rata of full timers’ holiday – 3/5ths of 34 days. You would then have to take bank holidays out of this total allocation. As you work on Mondays this would mean you had less leeway over when to choose your days off. This may seem unfair, but it is the way the law currently stands.

  • Sam Marritt says:

    Hi, I work 2 days a week (Monday and friday) I have to use most of my holiday entitlement for the back holidays. I’m left with 2.5 days holiday to take as I wish in the year. Is this right? Should I be entitled to some sort of leui day with me working the days that the bank holidays fall on?
    Thanks

    • Mandy Garner

      Mandy Garner says:

      Hi Sam,
      You should get a pro rata of whatever full timers get in your organisation so if you work two full days that would be two fifths of whatever full timers get. They should get a minimum of 28 days holiday, which may or may not include bank holidays. Bank holidays do not legally need to be given as extra. If they are given to full timers as extra then you would be entitled to a pro rata of these, irrespective of which days you work on. Given that most fall on Mondays, that would mean you would have less leeway over when to take your holidays than someone who did not work on Mondays as they would be taken out of your holiday allocation. This may seem unfair, but that is what the legislation allows.

  • Wayne says:

    I have a part time worker that does 7.5 hours a week over 3 days. Sometimes she may work extra hours but that is on an adhoc basis. I have checked the gov.org website about holidays and they say based on hours she is entitles to 42 hours which divided by her daily hours of 2.5 is 16.8 days rounded up to 17 days holiday per year. Am i right to assume that the 17 days included bank holidays.

    • Mandy Garner

      Mandy Garner says:

      Hi Wayne,
      Full-time workers should get a minimum of 28 days holiday. This may or may not include bank holidays. These do not have to be given as extra. Part timers would get a pro rata of whatever full timers get so if bank holidays are given as additional above the 28 days to full timers, part timers would get a pro rata of that. The government site calculates based on the 28-day minimum, inclusive of bank holidays so it would depend on what full timers in your organisation receive.
      Best wishes,
      Mandy

  • Anonymous says:

    Hi I work Tue – Fri – 24 hours per week. Most public holidays fall on a Monday – will I lose out or is this taken into account. Would it be better for me to work on a Mon?

    • Mandy Garner

      Mandy Garner says:

      Hi Leslie,
      Holidays for part timers should be based on a pro rata of whatever full timers in your organisation get. That should be a minimum of 28 days a year. This may or may not include bank holidays which do not have to be given as extra. However, if they are given as extra to full timers, you would be entitled to a pro rata of these, irrespective of the days you work.

  • Michelle says:

    My company give 30 days a year holiday including bank holidays.
    I work Tuesday to Friday. What is my pro rare holiday entitlement?

    • Mandy Garner

      Mandy Garner says:

      Hi Michelle,
      You would need to calculate this based on what percentage of full-time hours in your organisation you work, for instance, if you work four full days and full timers work five, you would be entitled to four fifths of what full timers get ie four fifths of 30 days.

  • Mark says:

    Hi,

    Wonder if you can answer this one for me.

    If a member of staff gets 23 days holiday, plus bank holidays plus 4 days at Christmas and an additional 8 for length of service but goes from 5 days a week to 3 days a week (Mon to Wed) what would their entitlement be?

    • Mandy Garner

      Mandy Garner says:

      Hi,
      You can pro rata the leave ie divide the employee’s weekly working hours by the weekly working hours of full timers and multiply this by annual leave allowance (days or hours). It is a good idea to have a written policy on how you deal with this and to be consistent.

  • emma richardson says:

    Hi
    I have just started a new job, I work Monday,Tuesday and Thursdays and get 20 days leave per annum. However I have just been told that all bank holidays are taken out of this leave which means as there arre 7 bank holidays falling on a monday or tuesday next year, I will only have 13 days leave. Can they do this?

    • Mandy Garner

      Mandy Garner says:

      Hi,
      Full-time workers are entitled to 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. Part-timers get a pro rata of this so as long as you are getting a pro rata of what full-timers in your organisation get and full timers don’t get bank holidays on top of the legal minimum your employer is correct.

  • Georgina Graves says:

    Hello, I’m trying to calculate a colleagues holiday entitlement. We are given 20 days holiday per year with the additional 8 bank holiday days given as extra. I work the same 2 days a week (tues & weds) and so get a pro rata’d amount of the bank hols as I understand it – so 11.5 days a year. He works 4 days a week – mon to thurs but squeezes a 40 hour week (the same as all colleagues contracted hours) into those hdays, by starting earlier than the rest of us. This was part of his contract when he started. Does this mean he is still entitled to 20 days holiday plus all he bank hols or should it be calculated on the 4 days a week and therefore the bank hols are calculated by 4/5? My MD’s worry is that if he gets 20 days he only needs to take 4 days annual leave to get a full week off work, therefore gaining an additional working weeks holiday (if that makes sense) as everyone else has to take 5 days to get a week off. Would appreciate some advice, thank you.

  • amanda forster says:

    Hi , I work full time in an office, I am paid salary, I get 28days holiday per year, our office is closed on bank holidays , however we have to use one of our holiday days for each of the bank holiday days or we would get a days wages deducted from our salary. Is this legal?

  • Jia says:

    Hi can you help me to work out my banks holidays Entitlement please?
    My annual leave is 20 days per annual and I’m working 17 hours per week .i will work at Sunday 5 hours , Monday 6.5 hours and Tuesday 6.5 hours but half hour break for Monday and Tuesday.what is meaning I will work all bank holidays 6 bh days in 2016 .can you tell me how many banks holidays entitlements for me for 2016.how dose it work out? I’m very confused. Many thanks

  • anon says:

    Hi, sorry, but my situation is a little complicated, and I can’t see it covered here. I have 3 part time jobs, and 2 of them deal with Bank Holidays in a way that worries me. The first one is for 9 hours and I work on Wednesday and Friday, and I only get a 4 week holiday, pro-rata. I am told that I do not qualify for any time in lieu, or payment, for Bank Holiday Mondays, other than Christmas or Boxing Day, depending on where they fall, as I only work on a Monday as over-time. As I am not allowed to divide the 9 hours over Monday, Wednesday and Friday, which would make life easier for me and our workflow, I will never be allocated time/pay for Mondays. This seems unfair, but is it legal?

    My second job is a job share. My colleague and I each work 11 hours each per week, which is supposed to be evenly spread. My colleague was allocated Mondays, and has moved 5 of their 11 hours to that day, and 3 to Friday. As there are so many Bank Holiday Mondays per year, this means they get 4+ paid days * 5, that I don’t benefit from, as well as any that fall on a Friday * 3. When I queried it, I was told an adjustment will be made at the end of the year, and I will get number of Bank Holidays that I have not benefitted from * 2.2 hourly rate, which is fine, but my colleague still ends up with more than double what I will receive. Is this usual, it seems unfair; it’s difficult to challenge, without offending my colleague.

  • Anonymous says:

    Hi,
    I have a query regarding bank holidays which I cannot find the answer to on here in any other comment. I understand that part time workers get a pro-rata allowance of the 8 bank holidays a year as if for example you work 5 hours a day then you are benefitting 5/8ths of a bank holiday (if you usually work them).
    My situation however is different. I work all day Mon-Thur in term time (39 weeks a year) and all day Mon/Tue/Fri in school holidays (13 weeks a year).
    For the purpose of holiday entitlement my hours are annualised so I get 25 days + 8 bank holidays divided by the total number of hours a full time worker works in a year (37.5 x 52 = 1950) and multiplied by the hours I work ((39 x 30) + (13 x 22.5) = 1462.50).
    Total number of days 33 / 1950 x 1462.50 = 24 (rounded down).
    This works out to the equivalent to 6 bank holidays, however all 8 are deducted if they fall on working days.
    My question is how can I be ‘given’ 6 bank holidays and then have 8 taken away when they are all full time days which just happen to fall within my working pattern? Surely if a full time worker is paid for those 8 days and has them all off then if I’m also paid for those 8 days why do I get 6 off and have to ‘give’ 2 days of my other (already pro-rated) holiday days back.
    I would really appreciate some advice.

  • S Tony says:

    Hi, I work 9-5pm Mondays to Fridays and 9-3pm on Sundays, my contact states am entitie to 20 working days holiday plus paid bank holidays.
    My boss is insisting Sundays should be counted as part of my holiday but I feeling otherwise that it should be Monday to Friday.
    Please advise.
    Thank you

  • michael hughes says:

    if im on 4 on 4 off and my shift starts good Friday and ends easter Monday and ive booked the satday and sunday off inbetween these 2 bank holidays, do I still get my bank holiday pay for good Friday and easter Monday as im still working them?

  • Carol Pringle says:

    I own a gentlemen’s hairdressing business which is closed on a Monday. Are my two members of staff entitled to be paid for Bank Holiday Mondays? One works 3 days and the other 5 days.

  • Samantha Lorkins says:

    Hello

    I hope you can help.

    My new working hours are 19.5 hours a week. Monday, Tuesday and Friday 9-4.00 with half hour for lunch.

    If I was full time my holiday would be 23 days plus all 8 bank holidays.

    Are you able to confirm what I should be getting for my new hours please?

    I have been told I will get 13.5 days annul leave plus 4 bank holidays, however as all 8 bank holidays fall on my working days I must take these out of my 17.5 days which leaves me with 9.5 days for the whole year.

    I don’t think my work have got this right?

    Thank you
    Samantha 🙂

  • lee says:

    Hi I have a 3 day week contact were I am earnings £75 a day so over the month is £900 a month what I’m I intitled to holidays etc and does anyone know about housing as well if they would help me to pay rent etc if I moved in with my girlfriend? She doesn’t work at the moment due to a little one but she fears if I move in full time with her her benefits will stop and I’ll be paying everything. Does anyone know if I am aloud help?

  • Julija says:

    Hello I work Tuesday Wednesday Thursday 3 days a week 16,5 hours, my contact is flexible I never get bank holidays, what is my intiltement ? Thanks

  • yvonne says:

    Our bank holidays have changed and I don’t work a Friday so this year there a three holidays I have missed out on Good Friday, Christmas Day and New years day. I haven’t been offered anytime back just wondered what time I should get?

  • Hatton says:

    If I work a 5 on 3 off shift rota made up of 8hr day12hr Day 8 hr afternoon 12 hr night and finally a 8hr night what holiday should I be entitled to ?

  • Sue smith says:

    Hi I currently work 3 days we’d , Thursday , fri 21.50 hrs could you tell me my holiday entitlement & bank holiday entitlement as I feel I am not getting correct entitlement
    Thanks

  • Karen says:

    I worked full time (37.5hr) in a small office for 18 years. Full time holidays were 20 days plus 10 stat days. I went part time (22.5h) during this year and now only work wed/thur/friday. What holidays would I be entitled to? Am I legally entitled to a share of the stat days? Thanks for any advice.

  • Sarah says:

    Hi. I’m a practice nurse and work 24hrs a week Tuesday-Thursday. My contract says I’m allowed 5 weeks annual leave. (I assume this is 5 of my working weeks leave ie 15 days and not full weeks ie 25 days) how do I calculate my bank holiday entitlement? We are all part time and close on a bank holiday and weekend. Staff who normally work on a Monday get all the bank holidays off without having to make up hours. Therefore this can’t be pro rata. Surely if they get off every bank holiday Monday, I should be able to take the same amount otherwise I’m being penalised for not working a Monday? Please help!

  • Susanne says:

    I work18.5 hours over 3 days – Mon Tues and Friday (6 hrs 10 mins each day). My contract states in addition to 8 bank holidays I am entitled to 3 customary days (Tuesdays after certain bank hols) and 30 days annual leave (pro rata).

    Until 1 Aug this year, I got 8 full days, plus 3 customary and 15 days annual leave. They have now said I have to use 4 days of my annual leave for bank holidays as I am only entitled to half of the bank holidays as I am only part time.

    Can they do this?

  • Sharon says:

    I am trying to calculate my holiday entitlement. I started my job in June and had a holiday booked which was honoured. I work 5 hours – 4 days per week. The holiday entitlement is 20 days plus bank holidays. My boss has no quibble and gives me the bank holidays off. How do I calculate my holiday entitlement? Also, there will be a shut down at christmas and even though I am available to work and have said so, we will all be off. Does this have to come from my entitlement?

  • annonymous says:

    please can you help as I am very confused.

    I have worked in a special needs college for nearly 4 years. Have always worked 16 hrs a week. Never a Mon. I started off getting 10 days a year annual leave which went down to 7 and has now been reduced to 4.
    I was told this was due to public holidays.
    I have always worked either wed and thurs or thurs and fri’s. I really don’t understand how it has been calculated. Can you help?

  • Rene says:

    Hi, I’m totally confused!! I’m starting a new job on part time hours (I’ve always worked full time) and I’ve received my contract which states that I’m entitled to 25 days plus 8 bank holidays a year pro-rated in the first year. Can anyone explain this to me? My working hours will be 18.5 per week Mon – Wed. Does this mean I lose days due to the fact I work Mondays and most bank holidays fall on a Monday?

  • Dawn Sullivan says:

    I work Monday, Wednesday and Friday and threfore benefit from the bank holidays as generally they do fall on a Monday. Another part timer, who has recently joined us, works Tuesday, Thursday and Friday and has been told that she will receive a percentage of the hours for the bank holidays not a full day in lieu. She feels this is unfair as I, together with other part timers that work Mondays, receive a full day. Can you assist and let me know how we should deal with this please?

    Many thanks

  • Anon says:

    I work 31hrs a week Mon-Thurs and get an allowance of 22.5 days inc bank holidays. I understand that the Mon-Thurs bank hols are deducted out of this allowance but if I don’t work Fridays why do I still have to book this as holiday and take it out of my holiday allowance? I’ve been told that I have to take 8 days for bank holidays out of the 22.5 which gives me 14.5 to take. We then close over Xmas and have to take holiday to cover the days.

  • Sandra says:

    Hi, I have just received a new contract and need to work out my holiday entitlement. It is a small company. The contract states pro rata equivalent of 28 working days plus UK bank holidays and public holidays. I work 8 hours in total, 4 hours on a Monday and 4 hours on a Tuesday. Please can someone help me understand how many days or hours I am entitled to, as I just can’t work it out. Thank you. The year starts in January, I have worked over a full year already.

  • Anne says:

    I work 18 hours a week basic, 6 each on Tuesday Wednesday Thursday. As bank holidays generally do not fall on my normal working day, Xmas and New Years are Friday’s this year, I do not get paid holiday for them. I get 13.2 rounded up to13.5 days ( @ 6 hours each ) holiday days, the full timers get 22 days holiday plus 8 bank holidays, 30 days total. Am I right in thinking I should be getting 16.8 days?

  • Irene says:

    Hi, I work part time, 3 days per week, Tues, Fri and Saturday. Holidays and B/holidays are pro rated on hours worked, just wondered what happens on Sat 26th Dec this year, we will be closed but its not a bank hol, do I need to use a day out of my holiday entitlement for the Saturday? Thanks.

  • Dan says:

    Hi,
    Bit of a complicated one. We work a shift pattern covering 24hrs. We get 246 hours holiday a year, which is our 20 days holiday entitlement, plus 8 days bank holiday. Currently, if we work a bank holiday as part of our shift, then we get hours back in lieu. However, they are now trying to take that away. I’m not sure it’s correct that we get hours back in lieu for working a bank holiday as we have already been given them to take as holiday whenever we like?

  • Anonymous says:

    I’ve been told today that my holiday entitlement will change due to bank holidays.
    I work a Monday and Tuesday 10hrs per day. Total 20hrs a week over two days
    I Have been told that I have to owe my work hrs back for the bank holidays as 5 of these fall on my working days
    The formula they use is 1.6x 20hrs=32hrs the 32hrs is my holiday entitlement for bank holidays.
    However as there is 5 bank holidays that fall on my normal working days this results in 40hrs therefore I owe my work 6hrs back.
    My work is closed every bank holiday therefore I couldn’t work it even if I wanted to
    So before I’ve taken any of my holidays I owe them 6hrs
    Hope this makes sense because I just don’t get it.

  • Anonymous says:

    I work 2 days a week (one of which is a Monday) and as 5 of the 8 bank holidays fall on a Monday, I have to take all these out of my 12 days annual leave.

    Apparently this is equivalent to 30 days a year inclusive of 8 Bank Holidays, working full time.

    Does this sound right? It doesn’t seem fair that almost half my holiday dates are obligatory.

  • Anonymous says:

    Hi,

    I work 40hrs a week, full time basis and I get 22days holiday and no bank holidays as I work in hospitality. A new employee is due to start with the same working hours but different job role and she will receive 28days, is this fair? should I raise it with my manager?

    Editor: Do raise it with your manager. You sound as if you do full-time hours [usually considered as around 37.5 hours a week] and full timers should get a minimum of 28 days a year in annual leave, either with or without bank holidays. Bank holidays do not have to be given as extra, but you should get 28 days minimum.

  • Anonymous says:

    Hi,

    I work Mon/Tue/Wed, my employer has pro ratad my bank hols which is fair enough but this year 3 bank hols fall on a Friday, which I do not work. is this legal?

    Editor: You should get a pro rata of the bank holidays regardless of the days you work.

  • Anonymous says:

    Hi
    I work 3 days a week but not set days.my holiday entitlement includes bank holidays,does this mean that if i still work 3 days on a bank holiday week i am therefore due a day of in lieu even though i didnt work the bank holiday or should i only be working 2 days that week if i am being told to put the bank holiday down as annual leave?

    Editor: If you are not working on the bank holiday your work days should not be affected, but you are free to take annual leave as and when you want to, with the agreement of your employer.

  • Anonymous says:

    Hello, Im part timer.Working 4h Mon-Fr.Just wondering how many hours I should work on bank holidays?My full time colleges works 6 hours instead 8.So should I do less that 4hours on bank holidays?
    Thanks

    Editor: What is the reason for your full-time colleagues working fewer hours? Is it because your workplace closes early?

  • Anonymous says:

    My contract states that I am entitled to 33 days holiday ( I work full time) and this is based on 25 days base holiday plus 8 bank holidays, I am currently changing jobs and the company is calculating the holiday I am owed using the 25 days and adding the two bank holidays during that time so are calculating my holiday owed on 27days, surely it should be calculated on the full 33 days holiday entitlement?

    Editor: Can you explain a bit more? Have you taken no leave in a whole year? You would be owed any holiday you have accrued and not taken up to now, but if you have been working all this time, you would have taken the bank holidays or have you been on maternity leave?

  • Anonymous says:

    I have been offered a job working 20 hours pw over Tuesday, Wednesday and Thursday. As I will never work a Monday or Friday, what should my entitlement be for bank holidays please?

    Editor: Legally full timers are entitled to at least 28 days leave a year. Part timers get a pro rata. The 28 days may include bank holidays. Bank holidays do not have to be given as additional to the 28 days, but if they are given to full timers as extra, you would get a pro rata.

  • Anonymous says:

    Hi I work full time hours 37.5 hours over 4 days tues-Friday. I get 29 days plus bank holidays annual leave. How does it work for bank holiday Monday's as these are already my day off. Should I get any additional hours added to my annual leave? Thank you

    Editor: Our HR expert Sandra Beale says that you should be given bank holiday entitlement to take on another occasion as otherwise you are missing out.

  • Anonymous says:

    Hi there – I work full time with a holiday entitlement of 20 days + bank holidays. If a bank holiday falls on a Monday (my normal day off). I have the day off as holiday so am I still entitled to my day off that week by changing the day as it is a flexible day off?

    Editor: Normally you would just take the bank holiday off and work as normal the rest of the week, but still have your remaining holiday entitlement to take when you choose to do so.

  • Anonymous says:

    I work Tuesday-Friday 30 hours per week. My company offers 20 days plus bank holidays so 28 days to full time staff. I have worked this out to be 22.5 days pro rata as per the gov website however they are telling me that I am only due to receive 19.5 days – why?!

    Editor: You should ask them to explain, drawing their attention to the Government online calculator.

  • Anonymous says:

    I work Monday to Thursday and my holiday is pro-rata and I work 36 hours a week there is a bank holiday Friday coming up do I take this as holiday?

    Editor: If bank holidays are given as extra to minimum annual leave to full timers, you would get a pro rata of these. 

  • Anonymous says:

    my night shift is 11 hours long, when it is a bank holiday is that bank holiday also 11 hours long?

    Confused

    Editor: If you work irregular hours your leave would be calculated in hours so you would have to calculate your entire leave in hours – see https://www.gov.uk/calculate-your-holiday-entitlement.

  • Anonymous says:

    Help please. My company offer full timers 20 hols per year +8 bank holidays. I work tue, thur, fri. Ive been told i have 13 days inc bank hols but i dont think that sounds right. How do i work it out because i never work mondays. FT is 37.5 abd mine is 22.5. Thankyou

    Editor: You can calculate it here - https://www.gov.uk/calculate-your-holiday-entitlement. You should be entitled to a pro rata of what full timers get, including bank holidays as full timers are entitled to a minimum of 28 days.

  • Anonymous says:

    Hi, I started working for my current employer in Jan 2009 doing 4 hours a day on a Mon/Weds/Fri and my contract stated that I was entitled to 12 days holiday annually. It doesn't say anything about BH's being pro rata'd and I have been having all 8 off as paid in addition to my annual allocation.

    My contract says the following about BH's:

    1) A proportion of our leave has to be allocated to the office closure over Christmas and New year which always includes Christmas Eve.
    2) If my working day happens to fall on a BH I am expected to substitute a different day during the week for any lost days to ensure that three days are worked each week.

    Our leave year runs 1 Jan to 31 Dec. After three years service I was entitled to an additional day per year to a maximum of 15 days + BH.

    Full time staff work 40 hours a week and are entitled to 20 days + BH, after three years service they receive an additional day per year to a max of 25 + BH.

    My hours were increased a few years ago and I am now working Mon to Thurs doing a total of 22 hours a week. Point 2 above was never enforced and I always work Tues-Thurs during a BH week. I don't get a day off in lieu on Easter Friday.

    Taking all of the above information into account please could you tell me how much holiday I am legally entitled to at this point in time? Can my employer now insist on enforcing point 2 above after 6 years of not doing it?

    Editor: Legally you are entitled to a pro rata of what full timers get and this would have to be worked out on an hourly basis – see https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    I currently work Monday to Friday and get 25 days leave plus 8 bank holidays.

    I am changing to a four day week Tuesday to Friday and will get 20 days leave plus good Friday and christmas and boxing when they fall on a working day . Is this correct should I be getting anything for bank holidayMonday's even though I will not now really work on a Monday.

    Editor: You should get a pro rata of the bank holidays that full timers get, ie four fifths.

  • Anonymous says:

    Hi,
    I just want to know,i work 50hrs a wk,mon-sat. i have worked in almost all bank holidays in the past 9yrs without being granted an extra day in lieu though the contract supports it..it states,"where a public holiday is worked,a day off in lieu,at the appropriate holiday rate,will be granted, to be taken at a time agreed with management" . please advice

    Editor: If it says you should get a day off in lieu, I would raise this with your manager, although it is unlikely they will backdate it if holidays are not carried over.

  • Anonymous says:

    Hi, I have worked for my company for 5 years, the past 2 years I have worked part time Mondays and Tuesday.
    The company closes on bank hoildays, the full time staff get these days off with no effect on there hoilday entitlement. I have to use my hoildays to cover any bank hoilday which falls on a Monday. I can work these days so confused as to why I have to use my entitlement.
    I should be entitled to 5 weeks, however pro rata based on 2 days per week is 10 days. Once the bank hoildays have been deducted I'm left with 7.
    Any help or advise will be great
    Thank you

    Editor: Do full-time staff get bank holidays as extra? Full-time staff are entitled to a minimum of 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 to full-time staff, part timers are entitled to a pro rata of them.

  • Anonymous says:

    I work Monday to Friday and do 25 hours over these days.
    I have been told I am entitled to ten days holiday.
    Bank holidays are given in addition.
    Also when we had our Christmas do, work was stopping at 2pm and time for staff to pack up and get ready. I would of usually been starting work at 12.45, so I asked what I should do. I was told I could come in, in the morning and work the morning shift with the other lady. I was told the company were giving staff half a day off not a whole day?! But I only work half the day. If my half was when they were choosing to close that's not my fault.
    In the end I ended up booking it as holiday which I wish I hadn't done now. Please can you give me advice on how much holiday I should be getting. In my contract it says 20 days pro rata? Thank you.

    Editor: It would be a pro rata of full-time leave. The minimum leave for full-time workers is 28 days which may or may not include bank holidays. Bank holidays do no have to be given as extra. You can find out how much leave you are entitled to here - https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    Please can you help
    I work 2 days a week on Tuesday 10/5.30pm and Thursdays 10 /6pm giving me 14.5 hours a week
    Christmas day and New Years day fell on Thursday 2014
    Should I have been paid for theses days the shop was closed ?
    Also how many days holidays am I entitled to
    I have not been given a contract of employment
    I have work here for 18 months
    Thank you Mo

    Editor: You are entitled to a written contract. You should get a pro rata of full-time holidays. Full timers are entitled to a minimum of 28 days a week of leave 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 to full timers then part timers should get a pro rata of this. You would not be paid for the bank holidays, but you should ensure you get the minimum leave you are entitled to.

  • Anonymous says:

    so here goes, I work as a practice nurse 17.5 hrs a week.. fixed days Mon 5 hrs Tues 5 hrs and Fridays 7.5 hrs.. My leave and Bank holidays are pro rata.. ( normal week would be 37.5 hrs).. calaculation for annual leave is done in hours. My BH hrs are pro rata .. entitlement of 3.5 hrs a day.. However I have just calculated that my leave for 2015/2016 encompasses all BH of which all the hours are taken of my leave entitlement.. so after all the BH are taken off I am left with 3.6 weeks of flexible leave… This does not sound right to me..Should I be challenging the leave entitlement.thanks Dawn

    Editor: Your leave should be calculated in hours – see https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    I work 3days per week as a practice nurse.tuesday Thursday and Friday.i get 15 days holiday and no bank holidays.i have been here for 5 yrs.advice please.

    Editor: Do full timers get bank holidays as extra or are they included in the minimum 28 days annual leave? Bank holidays do not have to be given as extra, but if they are given to full timers you would be entitled to a pro rata of them.

  • Anonymous says:

    Hi I have a new position and annual leave is 20 days plus the bank holidays also, I work 20 hours a week, over five days. Is this correct? Or are the bank holidays supposed to be pro rata to my weekly pt hours?

    Editor: Bank holidays are normally pro rata.

  • Anonymous says:

    Hi I work Sunday to Thursday full time. My employer says that Good Friday, and also Christmas that falls this year on my day off will not make any difference, if boxing day is on the Saturday, and everyone gets Monday off, do I get the Sunday. It is so confusing, am I entitled to Friday in lieu. Help.

    Editor: As a full timer you are entitled to a minimum of 28 days leave per year. This may or may not include bank holidays. Bank holidays do not have to be given as extra, but if they are given to other staff as extra you are entitled to them as part of your annual leave whether or not you work on them.

  • Anonymous says:

    No, we are all contracted to work exactly the same amount of hours per week, and if your lucky and your day off falls on a public holiday the hours are not deducted from your public holiday entitlement, but as I say if your working rota lands that you are on working a public holiday, the hours worked are deducted off your public holiday entitlement and you get paid double time. Prior to this being put in place all staff that worked on a public holiday were paid double time, and you also got your public holiday entitlement to take at any other time throughout the annual leave holiday year. Do you have a contact number?

    Editor: The best thing is to send through to the Advice & Support/Q & A page box and I can forward the full details to your HR experts. If they have changed their annual leave policy they should have consulted on this as it is a change to your terms and conditions. 

  • Anonymous says:

    OK but I find it very unfair as I was rotaed on to work the 1st and 2nd this year, but we are not allowed to take annual leave or a public holidays 1 week before Christmas until 1 week after New Year, so this means we have not got a choice. The other thing I don't understand is my other colleagues who are contracted to work exactly the same amount of hours a week were off on these days due to the rota and they don't get there hours deducted, they are allowed to take the public holiday at any other time throughout the holiday year. I am also rotaed on to work 2 other public holidays this year which would take me up to 40 working public holiday hours and am only allocated 24 but they say you can't go into minus public holiday hours, is this correct. I feel as though I am being discriminated against my colleagues. I now have only 4 hours left of public holiday hours and they still have the full allowance of 24 hours and had the pleasure of being off the 1st and 2nd of January We are in Aberdeenshire Scotland

    Editor: Could you send through full details to our Advice & Support/Q & A page box as you didn't mention that other colleagues did not have to sacrifice their holiday and this is important. Are you on a different contract to them? 

  • Anonymous says:

    I get 24 public holidays hours per year plus my annual leave holiday hours entitlement. If i am roted on to work a public holiday, before we used to get paid double time plus we had our public holiday entitlement hours we could take at any other time throughout the holiday year. Now due to new terms and conditions if we are rotaed on to work a public holiday we get double time and they are now deducting the amount of hours you have worked on the public holiday, which in my case is 10 hours as I work night shift. What I really want to know is it right for them to deduct 10hours off my public holiday entitlement, Is my public holiday entitlement of 24 hours not divided by 6, as there is 6 public holidays in a year, which would equal 4 hours to be deducted rather than 10. Does this help

    Editor: Have you signed the new terms and conditions? Where are you based? In England and Wales there are eight bank holidays a year. You say you are getting a pro rata of bank holidays based on the hours you work so, if you have agreed to the new terms and conditions that you no longer get the bank holiday as extra if you work it and get overtime then they would be in their rights to deduct the hours you had worked that day.

  • Anonymous says:

    Hi can you tell me if this is right or wrong. I get 24 public holiday hours allowance at the moment pro rata per year, but if I am roted on to work a PH I'm now being paid double time but they are removing the hours I've worked off my PH allowance which is a 10 hour shift. There is 6 public holidays in a year which I am allocated 24 PH hours, so if I was rota'd on to work should my allocated hours not be divided by 6 which equals 4 hours, is this not what should be deducted off my entitlement rather than 10 hours.

    Editor: This is a bit confusing. Could you explain a bit more, eg, how many hours a week you work? To calculate hourly annual leave go to https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    i work 4 days a week mon-tues thur-fri which is 30 hours 7.5 hours a day. the full timers work 5 days at 7.5 hours a day what is my holiday entitlement if they get 24 days a year plus 8 bank holidays?

    Editor: You would get four fifths of what full timers get ie nearly 26 days.

     

  • Anonymous says:

    Hello! I work full time, 40 hours/5 days a week. I am being payed per hours worked. Holiday entitlement is 20 days/ year. Most of the time I work on bank holidays and I get double payed. My question is, if I get double payed while working on a bank holiday, am I entitled to get one extra holiday, apart those 20 days, into the account of the bank holiday that I've worked?
    Also, just last week, my manager gave me one day off in lieu, along with my regular days off. Is that right? Is the time off in lieu going to be payed?

    Editor: Do your 20 days include bank holidays? Annual leave for full timers is at least 28 days a year which may or may not include bank holidays. It sounds as if it does include bank holidays since you work 40 hours so if you work bank holidays you should get days off in lieu because it is part of your minimum annual leave. See https://www.gov.uk/overtime-your-rights/time-off-and-paid-leave regarding time off in lieu.

  • Anonymous says:

    Hi can u explain the pro rata cos I do think I'm not getting my full entightlement as my employer closes bank holidays which on a normal week I would be at work

    Editor: Pro rata means that you get a percentage of what full timers get so if you work three full days a week and full timers work five days you would get three fifths of what they get.

  • Anonymous says:

    Hi I work 14hrs a week Mondays and Wednesdays I have been told I am entitled to 8 days holiday my employment closes on bank holidays so I have no option but to take a holiday am I entitled to days in leu because of this.

    Editor: You are entitled to a pro rata of whatever full timers at your organisation get, which should be no less than 28 days a year, which may or may not include bank holidays. Bank holidays do not have to be given as extra. I'm afraid you cannot have extra days if your employment is closed on bank holidays.

  • Anonymous says:

    HI. We are currently given 5.6 weeks holiday a year which includes xmas day, boxing day and New Years day. If all of these days fall on my days off do I get these taken off my entitlement. ..ie I have to book them off and lose 3 days holiday?

    Editor: You should get those days included in your leave regardless of when you work.

  • Anonymous says:

    Hi there, I currently work 3.5 days per week and get 18 days holidays. How is this calculated into hours please?
    Thanks

    Editor: Full timers are entitled to 28 days a year of annual leave, which may or may not include bank holidays. These do not have to be given as extra. To find out what holiday you are entitled to based on hours worked, go here - https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    Thankyou….but would I get the two Fridays that I don't work that are bank holidays as days in lieu?

    Editor: No, because you already get them in your holiday quota of 25 days which includes bank holidays.

  • Anonymous says:

    Many thanks for your response. The full timers work 40 hours per week and get 20 days holiday + the 8 bank holidays.

    Editor: Editor: You would be entitled to 7/8ths of 28 days which is just over 24 days so they must have rounded it up. That would include any bank holidays.

  • Anonymous says:

    I work Monday to Thursday….35 hours a week. I don't work Fridays. My employer has recently issued new contracts of employment stating that I am entitled to 25 days a year holiday leave that includes bank holidays. I would like to know whether I am entitled to a day in lieu for Good Friday and Christmas Day (which falls on a Friday in 2015)as my holiday leave will only be 23 days otherwise???

    Editor: You are entitled to a pro rata of whatever full timers in your organisation get. They should get at least 28 days a year in annual leave which may include bank holidays. Bank holidays do not have to be given as extra. You say your employer has said you are entitled to 25 days including bank holidays. Without knowing what full timers in your organisation get and what hours they do it is difficult to calculate whether your employer is keeping to the legal requirements.

  • Anonymous says:

    I work for a very small business, part time. I have no contract. My hours have increased this year, from 5 per week to 15 per week + overtime when needed. My employer has not informed me of holiday entitlement. I have asked on several occasions and was told she was checking with her accountant. As the information was not given to me, i used the gov.uk calculator and discovered i had another 50 + hours owing to me (10 hours taken in May) Our holiday year runs from; 01/01 – 31/12. As it was early November when i checked and informed my employer, this has caused bad feeling. My employer is unhappy that "i lumped it all on her at end of year" I had requested information and various days/hours off several times. She has given me some time off, not complete holiday entitlement, but made me feel quite guilty about it. Stating it is unfair on others. I took no holiday the previous year, but only started in the April of that year. Should my employer have informed me of holiday entitlement?

    Editor: It may have been an oversight on their part, but they definitely should adjust your holiday entitlement if your hours have increased. It is your employer's responsibility to ensure that annual leave is in accordance with employment legislation or they could be open to legal action. They could have negotiated with you to take holiday when it is more convenient and carry it over, but they do owe you the leave. Employers do not have to let people have holiday necessarily when they request it if it is not convenient for business reasons, but they must ensure employees take their full annual leave entitlement.

  • Anonymous says:

    I work 30 hours a week and have Thursday's off. Should I of been allowed a day in lieu as Christmas Day and New Years day fall on a Thursday?? My boss says no bit everyone else got paid for those days

    Editor: Full timers are entitled to at least 28 days annual leave a year which may include bank holidays. You are entitled to a pro rata of this. Bank holidays do not have to be given as extra, but if they are given to full timers, part timers are entitled to a pro rata of them so if bank holidays are given in addition to minimum annual leave and full timers in your organisation do 37 hours a week, you would be entitled to just over six of the bank holidays a year as part of your annual leave.

  • Anonymous says:

    Hi. I work 7 days on 7 days off and work 72 hours a fortnight. Statutory leave is 22 days plus bank holidays. Hours per day is 7.2 for staff who work mon to friday 5 days a week. The way I see it is that us doing 7 on 7 off should be allocated 30 x 7.2 =216 hours leave per year. When off annual leave or bh then the compressed hours of 10.25 are deducted from allowance. This way it's fair as some bh may fall in the 7 days off and some won't. Is this correct. My employer has not explained anything.

    Editor: You would be entitled to a pro-rata of anything full timers get. This should be worked out on an hourly basis and you can do this here - http://www.nidirect.gov.uk/calculating-holiday-entitlement

  • Anonymous says:

    Hi, I work 36 hours over a Tuesday,Wednesday and Thursday. I have 12 days holiday a year and am given holidays for the bank holidays, this gives me 20 holidays a year is this right?

    Editor: You are entitled to a pro rata of whatever a full timer in your organisation gets. Full timers tend to be working around 37.5 hours a week. The statutory minimum holiday for full timers is 28 days. This may or may not include bank holidays which do not have to be given as extra. If they are given as extra to full timers you would get a pro rata of this. That would be 36 x full time holidays divided by full time hours.

  • Anonymous says:

    To clarify the above (q1 and q2).
    Yes I'm required to work 3 full days on a bank holiday week (3×12.5hours) due to the needs of the company.
    My employer deducts my 12.5 hours from my A/L + BH entitlement.
    They say I'm rota'd to work on the BH so that's why I lose the 12.5 hours. But in order to keep the business going I have to add another day on that week (they are not paying me extra or overtime by the way for those hours as they say I have to do my contracted hours).

    I feel it's not correct but they say is correct.
    What is your opinion please?

    Editor: Full timers are entitled to at least 28 days a year holiday which may or may not include bank holidays. Part timers are entitled to a pro-rata equivalent. You should not be treated differently to full time workers so you should not lose a day's holiday while still working a full week if full time workers do not also suffer this detriment.

  • Anonymous says:

    Hi. You've answered this Question a few days ago. Then I asked another one further down to the Q/A section, but you asked me again to use this box. So I have copied my first question and your answer and asked my second question after. Hope it makes sense. If not please delete this…

    Q1: I work 12.5 hours a day 37.5 hours a week (3 days a week).
    My contract states that I get 25days annual leave in addition 8 bank holidays.
    HR adds my BH entitlement on my A/L but using this formula: 8×7.5hours = 60hours.
    Business is closed on BH so no one works on those days.
    notmaly I'm not rostered to work on a BH and my employer does not deduct any hours from my A/L on that week. However when I'm rostered to work on a BH my employer deducts 12.5 hours for that day and not 7.5hours from my BH entitlement resulting me losing 5hours of my A/L. Is that right?

    Editor: Our HR expert Tara Daynes says: It sounds like she works a compressed working week rather than part time. So as each of her working days is the same length, it is OK to work her leave out in pro-rata'd days, but each day would be 12.5 hours not 7.5. So when she has a day's leave, she should receive 12.5 hour's pay, & deduct 1 day from her entitlement.

    If she is receiving a full week's pay for a week where she works 2 days & has 1 day off, then it is actually perfectly correct that they deduct 12.5 hours not 7.5, as she is working 2/3 of a week (25 hours working & 12.5 on holiday). She isn't losing 5 hours from her entitlement unless they only pay her for 7.5 hours for that day's holiday, or if she works 30 hours over the rest of the week.

    Q2: Hi there. Thank you for the answer above (12.5hours day Bank Holiday).
    As you said, I'm loosing 5 hours of I work 30hours on a bank holiday week.
    I'm actually working my 3 days in full regardless of that Bank holiday. Meaning my employer deducts 12.5 hours from my A/L on a bank holiday week, and then asks me to work 3×12.5hours (37.5hours) without extra overtime. Is this correct or can I add the extra 12.5hours to my time off in lieu?

    Editor: Are you saying that you are working an extra day that week to make up for the bank holiday and your employer is deducting a normal 12.5 hour day from your leave for the bank holiday? Can you clarify why you are doing three days plus being deducted the bank holiday? You should not have to sacrifice holiday if you are actually doing your normal three days a week.

  • Anonymous says:

    Hi there. Thank you for the answer above (12.5hours day Bank Holiday).
    As you said, I'm loosing 5 hours of I work 30hours on a bank holiday week.
    I'm actually working my 3 days in full regardless of that Bank holiday. Meaning my employer deducts 12.5 hours from my A/L on a bank holiday week, and then asks me to work 3×12.5hours (37.5hours) without extra overtime. Is this correct or can I add the extra 12.5hours to my time off in lieu?

    Editor: Can you contact us via the Advice and Support/Q & A page box so I have full details?

  • Anonymous says:

    Yes – the office closes for Christmas, so from Xmas day through to the day after New Years day. However, this year they are also giving staff Friday 2nd January as an extra day, so I am losing out on that as well!

    Editor: As a part timer you should be treated in the same way as full timers, but on a pro-rata basis. If the office is closed and full timers have to take the extra days out of leave then it is consistent that you would also have to. Do you mean full timers get an extra day's leave? You would be entitled to a pro rata equivalent, but not a full day.

  • Anonymous says:

    Hi there

    I work two days per week. Full time staff are asked to keep three days leave to use over the Christmas break. I am just asked to use two days but would not be asked to do this if the days I worked happened to be the bank holidays.

    Should I not have the three days 'saved' leave worked out pro rata for me – so 2/5 of three days? I feel at the moment that I have to give up a full week of leave for me (2 days) where full time staff are not asked to give up a whole week!

    I appreciate that this will occasionally work in my favour on the few occasions when Xmas and Boxing day happen to fall on the days I work.

    Editor: Is this because your work closes for Christmas? Can you provide more details?

  • Anonymous says:

    I work 12.5 hours a day 37.5 hours a week (3 days a week).
    My contract states that I get 25days annual leave in addition 8 bank holidays.
    HR adds my BH entitlement on my A/L but using this formula: 8×7.5hours = 60hours.
    Business is closed on BH so no one works on those days.
    notmaly I'm not rostered to work on a BH and my employer does not deduct any hours from my A/L on that week. However when I'm rostered to work on a BH my employer deducts 12.5 hours for that day and not 7.5hours from my BH entitlement resulting me losing 5hours of my A/L. Is that right?

    Editor: Our HR expert Tara Daynes says: It sounds like she works a compressed working week rather than part time. So as each of her working days is the same length, it is OK to work her leave out in pro-rata'd days, but each day would be 12.5 hours not 7.5. So when she has a day's leave, she should receive 12.5 hour's pay, & deduct 1 day from her entitlement.

     If she is receiving a full week's pay for a week where she works 2 days & has 1 day off, then it is actually perfectly correct that they deduct 12.5 hours not 7.5, as she is working 2/3 of a week (25 hours working & 12.5 on holiday). She isn't losing 5 hours from her entitlement unless they only pay her for 7.5 hours for that day's holiday, or if she works 30 hours over the rest of the week.

  • Anonymous says:

    Hello, I will be working Monday – Thursday 28 hours. My employer gives me 18 days annual leave a year (after pro rata). What would my pro rata for bank holidays be? Would it be more beneficial for me to work Tuesday to friday instead? I just cant get my head around this. Once I add on my pro rata bank holiday allowance to my 18 days, do I then have to use leave on thise days? I hope you can help!!

    Editor: It depends what full timers in your organisation do and how much bank holidays they get. In England and Wales there are eight bank holidays a year so you would get 28 x 8 divided by the number of hours a full timer gets [usually around 37.5 hours]. If the bank holidays are on days you work you may have to take them off. You would need to arrange this with your employer.

  • Anonymous says:

    I work two days a week.a Monday and a Friday. I have had all bank holidays off but then work an extra day in the week.am I entitled to extra days off?as the full timers only work a four day week if theres a bank holiday.how many days holiday am i entitled to per year as they have told me.

    Editor: You are entitled to a pro-rata equivalent of what full timers get. If they get bank holidays as additional to annual leave [the legal minimum for annual leave is 28 days for full timers], they you should get a pro-rata equivalent of those eight days [if you live in England]. Employers do not have to give bank holidays as extra, but they must be consistent between full and part timers.

  • Anonymous says:

    I work 35 hours Tuesday to Thursday. Currently I am not being paid for the Bank Holiday Mondays but I do get good Friday. The company wants to change this but can I just check what the pro-rata should be as at the moment I get paid for Good Fridays and and Xmas holidays that fall on a Friday. It is only the Monday that I am missing out on. Should it be 3/5 or 4/5? Thank you in advance. (Sep 14)

    Editor: There are eight bank holidays a year in England so you would get a pro rata equivalent of these, based on what the full time hours are for your organisation.

  • Anonymous says:

    Hi I am contractually obliged to work a 37.5 hours a week and for this I get a total of 32 days holiday including bank holidays (8) my question is I more often than not work an additional 10 hours a week overtime or more does this additional overtime entitle me to more paid holiday (based on recent rulings).

    Editor: What does your contract say about overtime and do you get paid extra for it?

  • Anonymous says:

    This Christmas my employer is imposing that full time workers can get 2 extra days off but part timers only one regardless whether they work 3 or 4 days. Is this discrimatory against part time workers?

    Editor: Part timers should get the pro rata equivalent of full time workers.

  • Anonymous says:

    Hi, I currently work 5-days a week and have a holiday entitlement of 27.5days (3.5days of these are given for Christmas closure)making 24days for me to use at will. I am hoping to go to 3days per week in January, how will this effect my current holiday allowance due to Bank Holidays etc ? Regards

    Editor: Do you get bank holidays in addition to the 27.5 days? You should get at least 28 days a year if you work full time. If you reduce your hours you would get a pro rata equivalent of what full timers get ie three fifths of 27.5 days plus bank holidays if bank holidays are extra. If full timers get bank holidays you would get a pro rata equivalent of the bank holidays they get.

  • Anonymous says:

    I have just started a new job 3 days a week. I get 25 days a year pro rata holiday. Where I work is closed for bank holidays so full time staff get all these as paid days off. The manager has just sent an email round saying part time staff are not entitled to time off in lieu if they don't work Mondays and only entitled to bank holidays that fall on their working days. Seems very unfair to me.

    Editor: Do you mean full timers get 25 days plus bank holidays? Legally, the minimum you can get in holidays is 28 days, which may or may not include bank holidays. Part timers should get a pro rata of full time holiday allowance. If your employer is giving part timers pro rata of 25 days that is below the legal minimum. If they give bank holidays to full timers they should give a pro rata entitlement to part timers.

  • Anonymous says:

    My contract I signed in 2009 gave me statutory holidays 28 days on 5 day wk ,then I changed my shift to a 4 on 4 off shift my days then went to 20 days ,my contract wasn't ammeded but 3 years down the line I found out that other people in which were on a 4 on 4 off rota were getting the extra public bank holidays as restday.I have spoken to my company inwhich are now trying to ammend all contracts not to include these extra days are they allowed to now change our ammedments.

    Editor: They would need to consult on any changes to terms and conditions.

  • Anonymous says:

    Hi again, Sorry, clarification of hours… The hours for full time are 7.4 per day (37hr wk). I am going to be working 6hours each day mon – fri (30hr wk) but am also availing of term time working. I will actually still be working 46 out of the 52 wk year (taking 6 wks unpaid leave & being paid for 46 wks).

    Editor: Your leave would be based on annual hours worked compared to full time at 52 weeks. See this calculator.

  • Anonymous says:

    Hi, I am going part time working 30 hrs p/w (6hrs out of 7.4 p/d FTE 0.8108). I am also taking 6 wks term time (for a/l & pay purposes an FTE of 0.7172). My employer gives 12 bank and public hols in addition to annual leave to be taken on the days on which they fall. It is the pro-rata of these days which I am querying as they are including the 6 weeks term time in the calcualations even though none of the 12 days fall within my 6 wks outside term time when I am off. I am due to work 6 hours on each of the 12 days. My query is not with regard to the annual leave as I understand the FTE of 0.7172 will be used but rather it is with the 12 bank / public holidays. My employer is calculating the 12 days into hours which in my opinion should give me an allowance of 72hrs (12 x 7.4=88.8 x 0.8108 = 72 P/T). However, my employer is using the FTE 0.7172 which includes the 6weeks off thereby reducing the hrs allowed for the 12 days from 72 to 64 hours, a deficit of 8 hours. Had I been in work I would have worked the full 72 hours. This means I will be deducting 72 hours from my 64 hour allowance and having to lose 8 hours from my annual leave or work the additional 8 hours! I could understand the reduction if any of the bank or public holidays fell within the 6 wks I'm off outside of term time but they don't. Surely then the pro-rata hours should be based on the hours worked ie FTE of 0.8108. Can you please advise.

    Editor: Could you clarify your hours, please? I understand the 30 hours a week, but are you only working term time? Hourly based holidays would be based on actual hours worked compared to full time.

  • Anonymous says:

    If my contract of employment states that my annual leave entitlement is 25 days plus 8 days bank holiday, does this mean that my employer must give me the minimum of 28 days annual leave plus 8 days bank holiday, a total of 36 days, or can they say this is included in the bank holidays, given the wording of my contract?

    Editor: They just have to give you a minimum of 28 days so they can give your 25 days plus 8 bank holidays which takes them over the legal limit. Bank holidays do not have to be give on top of the minimum.

  • Anonymous says:

    Hi, I have worked with my current employer for almost 12 years, in my contract get paid for bank holidays. My weekly shift is **fixed** (in recent years new employee's are set up on flexi contracts)my hours every weeks are Mon: 8 – 6, Tue: 8 – 6, Wed: 8 – 4:30, Thu: 8 – 4:30 (Fri = day off) Sat: 10-1. total hours for week 38. My question is regarding this up and coming bank holiday in August. I have always in the past had the bank holiday Monday off paid, and also had my usual contracted Friday as my day off. However now my employer is telling all staff old and new both fixed contracts and flexi that we must move our day off for the bank holiday week only to the Bank holiday Monday and work the Friday. But get given lieu time back on a pro rated basis? Because I would 9.5 hours on the Monday this is the shift I am expected to work on the Friday – My concern is that the lieu time being offered should be at least the same as the hours being worked on the Friday? Instead they are offering 20% of my working week which comes to 7.6. So essentially compared to my last 11-12 years I am now going to lose out by a few hours every bank holiday? Is this even legal?

    Any advice would be greatly appreciated.

    Editor: Our HR expert Tara Daynes says: The employer shouldn't really make any unilateral changes (without consulting or at least giving plenty of written notice) that has a detrimental impact on someone's T&Cs. But given the small size of the detriment, it is unlikely any tribunal would be bothered by it. She should raise it informally as a potential breach of contract or unilateral change that she is not ready to accept, & can take it to a formal grievance later if necessary, but may be able to get the company to change the arrangement or make a one-off compensatory payment or something to those affected. I don't know if the original arrangements was contractual, but even if not she can point out that given the length of the arrangement, it was effectively custom & practice.

  • Anonymous says:

    Hi hope you could help me work out pro rota bank holidays. If you are working different hours over four days mon-thurs, how is the bank holiday allowance worked out?.
    I understand how to work out if same hours worked but dont know how to calculate how many entitled to.#

    Editor: You need to work out your annual hours and find out what percentage of full time that is [check what full time is in your organisation It can vary between 35 and 40 hours a week] that would be and then you would get a pro rata percentage of the eight bank holidays.

  • Anonymous says:

    Hi hope u can help I work 16hours a week Tues – Fri, 4 hours a day. Holiday entitlement is 20 days pro rata plus bank holidays. I have been told by my employer that I am only entitled to 8 days holiday per holiday year this to me does not seem right pls help

    Editor: You can work out your entitlement here - http://www.gov.uk/calculate-your-holiday-entitlement

     

  • Anonymous says:

    Hi, I work part time on Mondays, Thursdays and Fridays. My bank holidays are included in my pro rata annual leave entitlement, which means I get the equivalent of (just under) 5 days entitlement for bank holidays. This year, all 8 bank holidays fall on my working days, and as our office is closed on bank holidays I do not have the choice to work those days and therefore have to use 3 days worth of my annual leave for the bank holidays. To me, this is the equivalent of a whole week off (as I work 3 days/week) and it has proven difficult arranging personal holiday this year because I have much less flexibility. Do you have any advice?

    Editor:  I am afraid that if bank holidays are included in your minimum annual leave entitlement and your office is closed on bank holidays you will have less flexibility over when to take leave and this will continue to happen, given that bank holidays are mainly on Mondays, unless you are able to change your days.

  • Anonymous says:

    Is there a calculation table I can use to work out my staff's bank holiday entitlement?? What are the rules? I get 30 days holiday plus bank holidays. I work 37.5 hours I a 4 day week, Monday to Thursday, so having my full time work compressed. Others work part time and I can work those out no problem. Everyone talks of part time but I can't find much on full time hours in 4 days

    Editor: You can calculate minimum holiday based on annual hours here - https://www.gov.uk/calculate-your-holiday-entitlement. Minimum holiday for full timers is 28 days, which may or may not include bank holidays. Bank holidays do not have to be given as extra.

  • Anonymous says:

    Hi there, I am wondering where I stand as a full timer (40 sometimes more hours a week). I used to have Sundays and Wednesdays off. I now have Sundays and Mondays. There have been a few Bank Holidays fall on my scheduled day off already. I cant help wondering whether I'm missing out? Could you help me understand whether I should have days in lieu for this or…

    Editor: You are entitled to at least 28 days leave as a full timer. Bank holidays can be included in this. They do not have to be given as extra to this.

  • Anonymous says:

    Hi,
    I work a 12 hour 4 on 4 off shift pattern. My employers have recently added bank holidays into my total holidays on a pro rata basis @ 5.5 days. can this be right. I previously had 8 bank holiday entitlement. I also have to book a holiday for a shift that falls on a bank holiday during the annual shutdown. Is this also right to do.

    Editor: If full timers are entitled to bank holidays part timers would be entitled to a pro rata equivalent. There are eight bank holidays a year in England and Wales usually. How many hours do you work in a month? Full time is usually based on 37.5 hours a week. Are the bank holidays in addition to a minimum 28 days holiday for full timers at your organisation? You can work out your minimum entitlement in terms of hours worked a year rather than days worked here - https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    Hi,
    My contracts states 20 days plus bank holidays. I work 3 days a week (Mon, Wed, Thur). My employer is thinking about making our contracts 28 days including bank holidays. Is this technically a contract variation? Do I have the right to not sign the new contract? This would materially effect myself (less holiday in real terms) and the other part timer (who works also Mondays).

    Editor: Reducing holiday entitlement would be a change in terms and conditions and your employer should consult with you and obtain your agreement – see https://www.gov.uk/your-employment-contract-how-it-can-be-changed

  • Anonymous says:

    Hi I work 4 days a week, Monday to Thursdays and get 20 days holidays plus bank holiday mondays but nothing for Good Friday and this year boxing day which falls on a Friday, another girl works 3 days Monday Wednesday and Fridays so she gets 15 days holiday plus all bank and public holidays paid. So I feel she has more days off really is this correct thank you x

    Editor: Full timers are entitled to at least 28 days of annual leave, which may or may not include bank holidays. They do not have to be given as extra, but if other staff get them as extra this should be consistent. Part timers are entitled to a pro rata equivalent of what full timers so they should get a pro rata equivalent of all bank holidays if these are given to full timers.

  • Anonymous says:

    Hi – I work a minimum of 25 hours per week in a cafe over days – ~Monday to Friday with the odd Saturday. Obviously the cafe opens on bank holidays so I am expected to work these days except for Christmas day and Boxing day and perhaps New years day. I have been told by my employer that I am only entitled to 17 days annual paid holiday minus the bank holidays I have off i.e Christmas day etc. Is this correct and who can let me know what I am legally entitled to please? !! Help please!!!

    Editor: If your hours change from week to week, you would need to calculate what your annual hours are. Full timers are entitled to a minimum of 28 days leave. This may or may not include bank holidays, but that is the minimum. As a part timer you would be entitled to a pro rata equivalent of this – see https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    Pls can you help? I work Mon, wed and Fri total of 20 hrs per week. i am entitled to (as per contract) 20 days leave plus 8 bank hols. ihave now been told that when booking bank hols off it is pro ratad leave and i owe 2.6hrs back for each leave day. can you explain why i would need to do this??

    Editor: Full time workers should get a minimum of 28 days leave and this may or may not include bank holidays. Part timers are entitled to a pro rata equivalent. This can be worked out on an hourly basis if you don't work full days – see https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    Hi, I've checked on HMRC and I'm entitled to 118hours holidays including bank holidays. I work Monday, Wednesday and Friday and only have 69 hours left to book as I have 49hours taken off me because I only work 21hours a week. I don't get this calculation. After my pro rata bank hold, I get 84 hours left to book, can you please help me? Thanks.

    Editor: Do you mean because holidays include bank holidays and you have to take these days?

  • Anonymous says:

    Hi, our company offer full time staff 20 days holiday plus 8 days bank holiday per year. My colleague & I job share, both working 21 hours per week. I work Mon-Wed and she works Wed-Fri. Our holiday is pro-rata'd down from the 28 days, meaning we get 15.68 days per year. However as most bank holidays occur on a Monday, this year for example I have to deduct 5 days off so am left with 10.68 days to take as I wish. My colleague deducts 3 days and is left with 12.68 days to take as she wishes. It's not too different this year, but some years there's a considerable difference. Does this seem right?

    Editor: I'm afraid this is how it works. Full time workers are also affected as they have to take bank holidays when they occur.

  • Anonymous says:

    Hello, I work 20 hours per week on Wednesday ( 6 hours) Thursday ( 6 hours) and Friday (8 hours). I get 112 hours leave per year.
    Full time staff have to take bank holidays out of their leave, which is 28 days per year.
    I do not have to take Bank holidays that fall on my non-working days ( usually bank holiday Mondays) out of my 112 hours leave, but I will have to for bank holidays ( Good Friday, Christmas etc) that fall on Fridays.
    Is it correct that each time a bank holiday falls on one of my working days, I'll have to use either 6 hours( if a Wed or Thurs) or 8 hours ( if a Friday) from my 112 hours leave ?
    I'm not sure if this should be pro rata as otherwise a lot of my leave/hours goes on bank holidays.

    Editor: Legally full time staff are entitled to 28 days leave. Bank holidays do not have to be included and as they are not included for full timers you would not get a pro rata entitlement to these. Based on your hours, you should get a minimum of 112 hours of leave a year. If bank holidays fall on those days and the office is closed then you would have to use that as holiday – see https://www.gov.uk/calculate-your-holiday-entitlement/y/hours-worked-per-week/full-year/20

  • Anonymous says:

    Hi, I have read all of the above and I'm still stuck!
    I work 20 hours over a 4 day week; Tuesday, Wednesday, Thursday and Friday and I work term-time only. Monday is my day off.
    Most of the bank holidays fall in the school holidays apart from May Day this year. As it is on Monday I presume I get paid for this pro rata? Or am i owed time? I can't work it out, please can someone advise?

    Editor: You should get pro rata holiday entitlement. You can calculate this here - https://www.gov.uk/calculate-your-holiday-entitlement/ – by clicking on annualised hours and working out the amount of hours you work per year. If your colleagues get bank holidays as extra [ie not included in the minimum 28 day entitlement] you should get these on a pro rata basis.

  • Anonymous says:

    Hi – Full time workers get 33 days holiday inc bank holidays – so they too get 5 weeks to chose themselves, like me – an employee who does not work on a Monday or a Friday are given in my opinion additional holidy – no one should have more than the 5 weeks however this is broken down, ie 3 days a week = 15 days per annum,15/3 = 5 weeks – they are then getting pro rate of 8 statutory days but in fact they are probably only contracted to work 2 of these bank holidays so they are getting pro rata of 6 days they would never actually be contracted to work so thus gaining additional personal usage holiday entitlement.

  • Anonymous says:

    I work 3 days per week and am entitled to 25 days holiday (pro data) and my contract states that allowance is exclusive of 8 public holidays. But this year 3 of the public holidays fall on days I don't work – am I entitled to those days somewhere else or paid?

    Thanks

    Editor: Do full timers get bank holidays? Bank holidays do not have to be included in holiday entitlement and it is unclear from what you say. If full timers do get bank holidays, you would be entitled to a pro rata equivalent of the bank holidays ie three fifths of the eight days.

  • Anonymous says:

    Many thanks for your reply – We all get 25 days plus 8 bank holidays total 33 days but pro rata to the number of days we work – my concern is I work 4 days but because I have to use more of my prorata entitlement to book holidays bank holidays which mainly fall on a Monday I am actually left with a smaller personal uasage allowance than those who work less days than me – it just doesn't see fair?

    Editor: You could also argue the same for people who work full time though. They don't get to choose either.

  • Anonymous says:

    I currently work Monday – Thursday. My holiday entitlement is pro rata of 25 days annual leave and pro rata of the 8 bank holidays total entitlement of 26.5 days holiday. If a bank holiday falls on my working days these are booked as holiday. I have colleague who work Tues – Thurs inc and one who works Tues and Weds. The colleague with the 3 day working week gets pro-rata holidays inc of bank holidays of 20 days and my colleague who works 2 days gets pro-rata holidays of 13.5 days both these colleagues have to book a bank holiday should it fall on their working fays – heres the complicated bit – in 2014 I would have to book 6 bank holidays leaving me a personal entitlement of 20.5 days which equates 5.13 weeks. My colleague who works 3 days would have to book 2 banks holidays leaving her 18 days entitlement which equates to 6 weeks holidays then my colleague who works 2 days per week would need to book 1 bank holiday as holiday leaving them 12.5 days which also equates to just over 6 weeks annual holiday – I am not sure this is fair I work more hours and days and receive less holiday entitlement?

    Editor: From what I understand, you get a pro rata bank holiday entitlement like your colleagues. It's just that you cannot choose when to take the bank holiday if it falls on a Monday. So you get a pro-rata holiday entitlement in the same way that your colleagues do. Is that right? Legally, you are entitled to 28 days leave if you are a full timers and on a  pro rata basis if you are a part timer.  Bank holidays may or may not be added as extra. Employers do not have to give them as extra. If they do, though, you are entitled to a pro rata equivalent. 

  • Anonymous says:

    i work 3 days a week 6 hours each day what annual leave would i be entitled to for the year?thanks

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

  • Anonymous says:

    I work 4 days a week and have 25 annual leave days + 10 bank/privilege holidays. These bank hols are pro rata so I get 8. On boxing day last year it fell on a Thursday which is my day off. This has meant I have lost a bank holiday, only had 7 days bank hols last year or can I take it another time?thanks

    Editor: There were only eight official bank holidays in England and Wales in 2013. Employers do not have to give bank holidays as extra, but they must give them to part timers if they give them to full timers, but on a pro rata basis. I do not understand where the extra holidays come from. Which part of the UK do you live in? 

  • Anonymous says:

    I work 3 days a week and my holidays are calculated pro-rata. The full time staff have 28+8 bank holidays (36) days a year, so my holidays are 17+5 bank holidays (22). The company closes Christmas day, boxing day and New years day, and they have insisted I take these days as holidays, even if these bank holidays fall on my non-working day. Can they do this?

    EditorL Our HR expert Tara Daynes says: You are entitled to a pro-rata of bank holidays, so out of 8 days, you should get payment for 3/5 of them, i.e. 4.8 days. If they insist that you take those 3 Christmas/New Year days out of your holiday entitlement, then they should pay you for them. That means that if you would not normally have worked those days in the week, & therefore would not have been paid for them, they need to make a payment to you to cover it. Alternatively, you can not work on those days, not deduct them from your total entitlement, & not receive any payment for them.

    Many employers get confused over part-time holiday entitlements, so it could be human error rather than them deliberately being difficult! So it is worth explaining to them how it works, as they can then rectify it fairly for you without you being at a financial detriment.
  • Anonymous says:

    Hi,
    I work 4.5 hours, 5 days a week. I know this is part-time therefore my holiday entitlement is calculated on a pro-rata basis. I have been given 19.5 days holiday and the bank holidays are included in this. I just want to check that this is right as it means after I take out the bank holidays I am left with 11.5 days holiday over the year.

    Shouldn't it be 28 days holiday paid only for the hours I would work usually (4.5hrs), in comparison with the usual full time 7.5 hours? I find it hard to believe that I am only entitled to booking off only 11.5 days of my own personal holiday after bank holidays.

    Thank you

    Editor: Full-time workers are entitled to a minimum of 28 days holiday a year. These can include bank holidays which do not have to be given as additional. Part-time workers are entitled to the pro rata equivalent. If full-time workers at an organisation are given bank holidays as additional part-time workers should also get a pro-rata equivalent.

  • Anonymous says:

    i am always on rota for Mondays so have to take holiday entitlement when I don't work on any bank holiday Monday, however a colleague who never works Monday in her rota does not have to take holiday entitlement, although she has been given these hours in her leave entitlement – is this fair?

    Editor: Bank holidays do not have to be included in your holiday entitlement, but you are entitled to 28 days a year annual leave if you work full time and a pro rata equivalent if you are part time. 

  • Anonymous says:

    Hi
    Where I work we have an 'inclusive' hours system for holiday entitlement which works well. I work 4 days a week and receive a pro-rata amount of leave, which includes BH entitlement. Since I started (indeed it was agreed before I accepted the job) I have always chosen to work my full hours (30) on the remaining 4 days on a BH week (the only week this doesn't work is Xmas week when there are 2 BH's). So, for example, my normal day off is Weds but on a BH week I will work Tues-Fri (4 days as usual … 30hrs as usual) and don't therefore have to deduct hours from my leave card. Now there is suddendly a query over whether I can change my day off rather than taking the BH (it makes no difference to the business – I am admin staff so whether I take the hours one week or another is irrelevant).

    There is nothing I can find in the policies or my contract to say that I can or that I can't do this. How do I stand within the law? Can they make me change even though it was agreed prior to employment and there are no policies to prevent it?

    Editor: If there was a verbal agreement made then it is part of your contract and you would have to be consulted on any changes.

  • Anonymous says:

    Hi, I work 4 hrs on sun, 7 on a mon and wed. This year i have been given 30 pro rata bank holiday hours which isn't enough as 5 bank holidays fall on my working days. Full time staff automatically get all bank holidays off. Is my entitlement right?
    Also a colleague who works 4.5 hrs on a tues,wed,thurs and fri has 31.5 pro rata bank holiday hrs which gives her 2 extra days off after she has taken the bank holidays.how is this right? would i be better off not working on a monday?

    Editor: Part time workers are entitled to the pro rata equivalent of the minimum 28 days annual leave. This may or may not include bank holidays [employers do not have to offer bank holidays on top of minimum leave, but if they do offer this to full timers they must be consistent and offer it to part timers]. If bank holidays are offered in addition to leave you would be entitled to them on a pro rata basis as would your colleague. As you both work the same hours, it is strange that you have different entitlement.

  • Anonymous says:

    Hi I work 24 hours a week over 3 days and my contract says that I get 18 days holiday, including the 8 days bank holidays. My days to work are Monday, Tuesday and Friday. Christmas and Boxing Day and New Year's Day fell on my non working days, but because in my contract it says I get the 8 bank holidays off do the owe me 3 days off in lieu?

    Editor: You are entitled to a minimum of 28 days a year in annual leave if you are a full timer and the equivalent on a pro rata basis if you work part time. Your holiday entitlement seems more generous than the minimum, but are you sure all the bank holidays are included and not just a pro rata element of the eight bank holidays, which would equal around five of the eight bank holidays? You should definitely not get less than the minimum annual leave [28 days on a pro rata basis, with or without bank holidays]. Bank holidays do not legally have to be paid and are usually not paid as time off in lieu if they fall on non-working days unless specified in the contract - http://www.nibusinessinfo.co.uk/content/pay-and-time-public-and-bank-holidays 

  • Anonymous says:

    Hi, I work part time 11 and a half hours over 6 days. In my contract it says I am entitled to twenty days holiday on a pro rata basis. I have had to take a week of my 20 just to have xmas off. Is this correct? I am a working mother finding it hard enough without being cheated. Also now they have decided to alter our contracts so we cannot have xmas off.

    Editor: Christmas is a bank holiday and employers do not have to give this as paid leave. They can include it in the statutory minimum 28 days annual leave a year for full-timers. If you are getting 20 days on a pro-rata basis does that mean full timers get 20 days? That would mean that bank holidays are included in your employer's paid leave to bring the number up to the statutory minimum so cutting Christmas would mean your employer was not giving the statutory minimum which they are legally obliged to do. Based on the Government's holiday calculator, you should be entitled to a minimum of 64 hours and 24 minutes leave a year, which may or may not include bank holidays. See https://www.gov.uk/calculate-your-holiday-entitlement/

  • Anonymous says:

    i work 4 days per week, wednesday is my usual day off and there are 2 bank holidays falling on wednesdays over Christmas. Do i get days off in lieu for this? My contract states i am paid holiday plus bank holidays?

    Editor: Employers have to give a minimum of 28 days a year holiday for full timers [37.5 hours a week] and the same on a pro rata basis to part timers. This may or may not include bank holidays. You say you get bank holidays as extra, but this would be on a pro rata basis so you would get 4 fifths of annual bank holiday entitlement which is around six bank holidays. See https://www.gov.uk/holiday-entitlement-rights

  • Anonymous says:

    Hi, I work two days a week Tuesdays and Thursdays. my employer is saying that I can only have 8 days (pro rata 20) and any bank holidays that fall on my working day ie. Tuesday/Thursday. so suppose, if this year, no bank holiday fell on Tuesday or thursday then I will only be allowed 8 days while full time employees get 20 days plus8 bank holidays. is this right?

    Editor: Full-time employees are entitled to a minimum of 28 days a year holiday which may or may not include bank holidays. As a part timer you are entitled to the same minimum on a pro rata basis.

  • Anonymous says:

    Hi, I work part time 4 days a week, tues, wed, thurs and alternative sat and sun. I receive 28 days holiday a year which include bank holidays. I work in a hospital so we are obviously open at all times. I understand that if I do not have any holidays left that I have no choice but to work Christmas Eve, Christmas Day and Boxing Day, but will I receive any days off in lieu for working these days? my employer has recently said I'm not entitled to days off in lieu. Also do I only receive double time for working Christmas Day or is it double time for Boxing Day as well?

    Editor: I'm afraid this will depend on what it says in your contract. Does it say you get double time for working on bank holidays and days off in lieu? If these are considered normal working days you would not get days off in lieu. There is no statutory right to extra pay for working on bank holidays.

  • Anonymous says:

    Hi, I work part time with bank holidays booked pro rata which I don't have a problem with. This year however the company has decided they want to close an extra day during Christmas week. It has been given as an extra day's leave but part timers have been told they must treat it as a bank holiday. This means had I been working full time I would be no worse off, but as a part timer I can only book it as half a day so will be down on my hours and have to make that time up, can they do this?

    Editor: Under legislation on part time working, part timers cannot be treated less favourably than full time workers. It is worth querying this. See https://www.gov.uk/part-time-worker-rights

  • Anonymous says:

    Hi, I work four days per week, not set days, and my employer has included bank holidays as part of my holiday entitlement. We are closed on Christmas day and my manager has given me it as one of my days off, despite the company asking us to save one day's holiday for Christmas day for close down. Am I entitled to have another day off in the week? He has given all of the full-timers a holiday day the following week, but has not given an extra day to the part-timers. Can he do this?

    Editor: Can you explain a bit more? Are you being given Christmas as part of your bank holiday entitlement or is that your day off that week due to working four days? Boxing Day is also a bank holiday so if you are entitled to bank holidays you should be entitled to that too or is your workplace open on Boxing Day? Are you bank holidays given on a pro-rata basis? Your employer does not have to grant bank holidays as leave, but they should be consistent if they give them to full timers in granting them to part-timers, albeit on a pro-rata basis.

  • Anonymous says:

    Hi, I work part time and my contract states that I am entitled to 20 days plus bank holidays in paid leave. This year Christmas day and New years day fall on a Wednesday which is already my scheduled day off. Am I entitled to another paid day off in lieu?

    Editor: Do you get all the bank holidays according to your contract or only those that fall on days you work? Or do you get pro rata bank holidays based on the hours you work? Can you give more information?

  • Anonymous says:

    Hi, I currently work 2 days a week, each working day is 4 hours long. I have the correct pro rata holiday plus bank holidays. If a bank holiday falls on my working day, and I cannot work due to my business being shut, am I entitled to another 4 hours off in lieu? I can't seem to get my head around it and my working week has now changed to include a Monday.

    Editor: Your employer does not have to include bank holidays as paid leave. However, if they do so for permanent staff who would work on Mondays their policy should be consistent for part-timers.

  • Anonymous says:

    Hi

    I work Mon Tues & 1/2 day wed, – 20 Hrs per week since the 20th of May 2013.

    I took 2.5 days holiday in August.

    What are my holiday entitlement with christmas.

    25th – Wednesday – Normally do a 1/2 day
    26th – Thursday – Never work Thursday's
    01st – Wednesday – Normally do 1/2 day

    Editor: You are entitled to a minimum of 28 days per year if you work full time so your holiday would be calculated pro-rata. The 28 days may or may not include bank holidays. If full timers get bank holidays additional to holiday entitlement, this should be consistent for part timers. See https://www.gov.uk/calculate-your-holiday-entitlement. Your employer must grant minimum leave, but they can turn down a request to take it at a particular time for business reasons.

  • Anonymous says:

    If I work Monday to Friday 4 hours a day am I right to assume that I would get 28 days holiday (including bank holidays)?

    Editor: Full time workers are entitled to a minimum of 28 days. That is people who work 37.5 hours a week or more. Part timers would be entitled to that pro rata. You would need to work that out.  Bank holidays do not need to be additional to that allowance. Employers do not have to give paid leave for bank holidays. See https://www.gov.uk/calculate-your-holiday-entitlement

  • Anonymous says:

    I work Tue, wed and thur 7.5hrs per day and get 20 days hols in total, but if a bank holiday falls on a working day, I have to work it or use a holiday to cover it – this is why I stopped working a monday as 8 hols were gone straight away.
    The p/t staff who do 5 half days 22hrs get 25 days and all bank holidays off. Full time staff get 25 plus bank holidays, but are rota'd in to work 6 sat, 4 sunday and 2 bank holidays per year. Does this seem fair, having to work or use a Holiday form to cover bank holidays just because I choose to work full days but p/t and no other staff have to do the same.

    Editor: Do you just mean Christmas and Boxing Day if they fall on a Tues, Weds or Thurs as you no longer work Mondays? It does sound strange that your employer gives all bank holidays to other staff and you have to book time off. Have they given a reason for this? They should be consistent in their policy regarding leave.

  • Anonymous says:

    Can my employer refuse me taking holidays while my children are on school holidays as I cannot afford childcare?

    Editor: An employer can refuse holidays being taken at a certain time for good business reasons. See https://www.gov.uk/holiday-entitlement-rights/booking-timeoff. Are other staff refused holiday at this time too, for instance?

  • Anonymous says:

    I currently job share: my colleague works Mon, Tues, Wed and I work Wed, Thurs, Fri. Our annual leave entitlement is 25 days per year + 8 bank holidays. At present our bank holidays are not pro-rata therefore if a bank holiday falls on your specified working day you get a paid for it. Due to the days that I work per week very few bank holidays fall. Does this not mean that my colleague gets more holiday days than myself? What would be the easiest way around this to rectify it? The company that I work for are considering pro rata bank hols for all part time staff which I think would be fairer. However, the part timers who work Mondays have argued that this means that their holiday days per year will decrease as a result of this which I can understand. However, I am sure that other colleagues who work their part time hours towards the end of the week are not being treated favourably. Please can you advise.

    Editor: If you are working part-time then you have the right not to be treated less favourably than full-time colleagues doing the same or a similar job for your employer.  If you work fixed days each week and your employer gives staff additional time off for bank holidays or public holidays, your employer should also provide you with additional time off even where normal working pattern does not always coincide with public holidays. If your employer does not adopt such a practice, you might be placed 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 such cases, your employer should provide you with additional days off calculated according to the number of hours you work.The only situation where an employer may not be required to give you additional time off is where you work on shift patterns under which full time and part-time employees are equally likely to be scheduled to work on bank holidays.

     

  • Anonymous says:

    I work 21 hours per week over a 3 day period (Wed/Thurs/Fri). My contract of employment states that I am entitled to 25 days annual leave per year and 8 days public holidays. However, I am only entitled to public holidays if these fall on my working days. Given the majority of the public holidays fall on Mondays would this not mean that I am treated less favourably?

    At present my employer does not pro rata holidays and therefore I am at a disadvantage.

    Also is my entitlement to 25 days not meeting the statutory of 28 days. My understanding is that my employer should be giving me 25 days + 8 days public holidays (as all full timers get their full holiday entitlement + 8 public holidays) and then pro rataing this i.e 33 days pro rata over my 21 hours?

    Editor: Your employer has to give at least 28 days for full-time workers, with part-time workers entitled to this on a pro rata basis – for you this would be around 17 days. Is your employer offering 25 days to full timers plus bank holidays? Employers do not have to give bank holidays and can include them as part of the annual leave days. If your employer is offering bank holidays as extra to 28 + days of leave for full timers, the Government guidance suggests they should also offer bank holidays pro rata'd to part time staff who do not work on Mondays.

    The DTI's Guidance on bank/public holidays 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:

    Hello. I would like to know how much holiday can I have if I work Monday to Friday 6 hours every day. Altogether 30 hours. Should I have a 28 days (including bank holidays) or less?
     

    Editor: 28 full days is the full-time minimum so you would be entitled to a percentage of this on a pro rata basis. So you would need to calculate by working out the percentages. According to the government calculator, working 30 hours a week works out at 168 hours a year [which is 28 six-hour days] which may include bank holidays. It is up to your employer if they include bank holidays in this holiday entitlement or give that as extra.

  • Anonymous says:

    Hi, I have had to change my days from tues, wed and thurs, and my holiday entitlement was 15 days plus 3 for bank holidays. My days are now mon, tues and weds and my employer is saying he may have to reduce my holiday. Is that correct as they changed my days? In my contract it states I get 15 days holiday plus bank holidays.

    Editor: as it is just the days of the week that have changed, not the total hours worked, the holiday entitlement should stay the same. The bank holiday entitlement should also be pro-rata’d according to the amount of time worked, not the days of the week worked, so that shouldn’t change either. So if the employer is saying they may have to reduce the holiday entitlement, this is wrong.

  • says:

    Thank you Anna. That makes a lot of sense and really helps. It’s been very hard as we’re a very small company and I’m the only person to have gone part time so there’ve been no other examples. Thank you so much for taking the time to answer this so thoroughly.

    • Kel says:

      I still don’t understand – I get 28 days including bank holidays. I work tues – Thursday, 15 hours. I do my own holiday calculation which is 15 * 5.6wks . I then take off any bank hols should my day fall on one but this doesn’t seem fair to those that work Mondays as they end up with less holiday x


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