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Simon Bray
Member - 1 post
I have an employee who works Tuesday, Friday and Saturday one week and then Tuesday and Friday the alternate week. So one week they work 15 hours and then the next week they work 10 hours. If they want a weeks holiday in there 10 hour week (i.e. they want the Tuesday and Friday off) can I legally say that that is 12.5 hours holiday? Likewise if they want the 15 hour week, would that also be 12.5 hours holiday?
I also have 2 employees that work 1 saturday in 4 (so 3 x 10 hours weeks and 1 x 15 hour weeks.) Can I apportion this as well?
From my point of view it is easier for me to work this way, but my employees have expressed concern about this method. I can see their point, but I am not sure if I continue with this whether I am within the law to do it.
Many thanks for your responses.
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Carole Simmons
Member - 96 posts
Are they paid weekly or monthly?
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Lisa Dormon
Member - 25 posts
I have to say surely it would be easier to work this as individual days.
If I understand this correctly, working alternate weeks, means in a full year they would work 50% of the time. Therefore give them 50% of the holiday.
If your entitlement to holiday is 28 days including bank holidays, allow them 14 days, and if their normal working day falls on a bank holiday deduct 1 day from their entitlement for it. If they want 2 days deduct 2 days, if they want 3 deduct 3.
We've worked this quite successfully in the past.
Regards
Lisa
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Kevin Brown
Member - 116 posts
Simon
What if you had 2 employees, alternately working two and three day weeks?Worker 1 (for whatever reason) consistently takes holidays on their two-day pattern and after 3 weeks holiday has used up (by your reckoning) 37.5 hours holiday. Total absence was actually 30 hours.
Worker 2, on the other hand, consistently takes holidays on their three-day pattern and racks up 37.5 hours holiday after three weeks. Total absence actually 45 hours. Discrepancy = 15 hours in worker 2's favour.
Final answer = discrimination + Employment tribunal.
Go with Lisa's suggestion, it's transparent, workable and demonstrably fair.
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Carole Simmons
Member - 96 posts
Perhaps I can speak from experiance. I have worked a three day one week two days the next for years - in short I job share however I khow plenty of people who do not have JS partners and have this pattern.
You are correct it is 50% part-time working 18 .75 hours per week and therefore your employee is entitled to part-time holidays at 50% of a full time worker. I have Bank Holidays that fall on my working days and on my non working days. My contract gives me full 4 bank Holidays a year (50%) plus 13 bookable days which is half the 26 given to full time staff.
If a Bank Holiday falls on a working day which is one on my working roster it becomes one of my 4 days. if not i can use it when I want. If there are more Bank Holidays in the year than my 4 days then I can pay the day back on a day to suit both me and the company (it does not happen often).
Hope this helps.
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Kim Evans
Member - 3 posts
We have part time workers who work odd hours and days therefore the calculation is not straight forward. Is there an online annual leave entitlement calculator anywhere which will save me time calcuating the individuals allowances? I have 21 to calculate before January!
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Carole Simmons
Member - 96 posts
kim - came across this on line, hope it helps -
http://www.lse.ac.uk/collections/payAndInformation/annualLeave2008/leaveEntitlementForPartTimeSalariedStaff.htm
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Tracy Atkinson
Member - 1 post
I have used this site as a basic tool for calculation of holiday entitlement in the past.
http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1079427399
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Kim Evans
Member - 3 posts
Thanks for posting the links above, however I am looking for a tool which will calculate annual leave based on our company annual leave entitlement which is more than the statutory allowance.
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Rosalyn Langley
Member - 6 posts
Work out their annual leave entitlement in hours instead of days, i.e. your employee works 12.5 hours per week (averaged out). A "working day" over a normal 5 day week of 12.5 hours would therefore equate to 2.5 hours. So, if for example your holiday entitlement for a full time worker is 23 days, you would give this worker 23 x 2.5 hours = 57.5 hours per annum. Taking a weeks holiday on a 10 hour week would deduct 10 hours holiday pay and on a 15 hour week, 15 hours holiday pay. Simple!
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James Fairchild
Member - 357 posts
Kim,
You could probably set something up in excel quite easily. I can however see a big dilemma of someone who books "a weeks holiday" and expects it to be two days from their annual pot, and you could it as 2.5. Similarly the manager, where worker has booked a week off, expects 3 days, manager expects to give 2.5 and to get an extra 0.5 days worked!
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Kim Evans
Member - 3 posts
Thanks for your comments, I have already set up a very complicated excel spreadsheet to calculate this and I can also can work out entitlement manually however I was hoping there would be a simple tool online which you could use.
Happy Christmas!
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