She is entitled to 25 days holiday, plus the 8 Bank Holidays.
However, she only works 4 days per week, Tuesday to Friday, so her holiday entitlement is pro- Rata’d down to 20 days.
When a Bank Holiday falls on any other day than a Monday, she takes those days as Holiday as normal.
When a bank Holiday falls on a Monday, a day she never works, she gets those days holidays to book at another time???
My wife had assumed that her total holiday entitlement was therefore 20 days plus eight days bank Holiday. Four to be taken at another time in Lieu of the Monday B/Hs.
However, her company calculate it as 25 days plus 8, Total 33. Then they pro rata all 33 down to 26.4.
Should they pro rata all 8 days BHs or just the 4 Mondays, or none of them.
I would be grateful if anybody knows what standard legal practice is please.
I am not a lawyer but I worked part time for several years after working full time most of my career.
My recollection is that if a normal working day (a Monday say) is a bank holiday, it only counts for a pro-rata day in the same way any other working day would. But if Monday is a non-working day then it just doesn’t count at all. As I worked Tues-Thurs, bank holidays were irrelevant to my employer in my case.
Very clear legally according to UK Citizens Advice… you need to check your specific employment contract or ask your employer for their system, as it is entirely upto your employer.
It’s a tricky one and likely to be specified in the contract of employment though possible if the contract is old it doesn’t specify adequately.
I work part time as did a colleague who’s now retired. I work Mondays, he didn’t - this effectively meant I had several extra leave days compared to him as Bank Hols took care of Mondays at Easter, Early/Late May and August. The others were more random - Christmas Day/Boxing Day/New Year’s Day plus the fixed Good Friday.
Most of the time she’s probably missing out on 4 Mondays, it will simply depend on when the other dates fall.
Some contracts eg NHS Agenda for Change add 8 days to the leave quota for Bank Hols but to be off the employee has to take a leave day assuming they can in the first place.
My Mondays are my least favourite works days but if I changed, I’d potentially be losing 4 ‘free’ days of paid leave - thinking about it that might not be too bad!
Too add further confusion some employers may calculate leave in hours not days, which can be a good or bad thing but ultimately probably the fairest if you work different hours on different days.
Your wife’s employer is correct; she is entitled to 26.4 days holiday per year, which is 198 hours per year if the working day is 7.5 hours.
I work 15 hours a week and entitled to 99 hours per year. The company I work for use a program on the NatWest website. When it was implemented a few years ago, I spent many hours trying to prove it was unfair, but, in the end I had to concede it was correct.
Mrs Collywobble’s company and mine (and indeed @Fatcat’s) appear to work it out in a similar manner.
I did one full year of 3 days per week (Tuesdays, Wednesdays and Thursdays - affectionally known a being a T.W.a.T ) in 2019, in the run up to my retirement in Feb 2020.
My Annual leave was reduced from 25 to 15, and Public (Bank) Holidays from 8 to 4.x (we also accounted in hours).
IIRC, in 2019 there were three PH days (Xmas & NYD) that did not fall on a Monday or Friday and so I was credited with “time off in lieu” of 1.x days, although I can’t remember whether I took it or not. Hey, every Monday was a PH for me :).
Interestingly when I retired in February, I had a special clause in my 44-year old contract of employment that I would get my full Annual + PH allowance for this year (pro rata’d, of course, and less any days already taken).
A very nice little bonus, which resulted in two Meridian boxes for the surround system, a NAT05, Headline 2 and a couple of NAPSC2s
I don’t work Wednesdays, doing a 30 hour week instead of 35 hours.
For part time employees my holiday is worked out in hours and an allowance of 7 hours for each bank holiday is added to my allowance. I then have to book bank holidays off where I am due to work them. This consumes 7.5 hours of my holiday allowance as my day is 7.5 hours.
If I am not due to work on a bank holiday then I don’t have to book it and I then have 7 hours ‘extra’ to book elsewhere.
) in 2019, in the run up to my retirement in Feb 2020.