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Hi
This is a question for my Mum. She asked me, as I have just finished my law degree but I only did emp law for 1 semester in year 2 and have forgotton all I learned!!!
She works for a small independent confectioners, the boss has recently sorted out everyones holiday entitlements as follows.
My mum works 12 hours a week over 4 days. She has been allocated 14 days per year. However, the business closes on bank holidays and also for 2 weeks over Christmas. The days my mum works, which fall on the closed days are paid but are deducted from her holiday entitlement, so technically she only gets around 9 days holidays per year.
Can one of you lovely law guru's help me out and let me know whether the 'boss' is correct in her actions.
Many thanks in advance
J x
This is a question for my Mum. She asked me, as I have just finished my law degree but I only did emp law for 1 semester in year 2 and have forgotton all I learned!!!
She works for a small independent confectioners, the boss has recently sorted out everyones holiday entitlements as follows.
My mum works 12 hours a week over 4 days. She has been allocated 14 days per year. However, the business closes on bank holidays and also for 2 weeks over Christmas. The days my mum works, which fall on the closed days are paid but are deducted from her holiday entitlement, so technically she only gets around 9 days holidays per year.
Can one of you lovely law guru's help me out and let me know whether the 'boss' is correct in her actions.
Many thanks in advance
J x
Answers
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A rough calculation is this. If a full timer works 40 hours a week (5 x 8 hours) and gets 22 days holidays plus 8 bank holidays that's a total of 30 holidays. That equates to 240 hours a year.
If your mum works 12 hours a week she is entitled to 12/40ths of 240 hours= 72 hours.
From this she takes 8 bank holidays @ 3 hrs= 24 hours. And she takes 2 weeks at Christmas but as that includes 3 bank holidays she really only takes 7 more days at Christmas- and that's another 21 hours.
So that leaves 72-(24+21) = 27 hours.
Which at 3 hours a day means 9 days.
Spot on!
If your mum works 12 hours a week she is entitled to 12/40ths of 240 hours= 72 hours.
From this she takes 8 bank holidays @ 3 hrs= 24 hours. And she takes 2 weeks at Christmas but as that includes 3 bank holidays she really only takes 7 more days at Christmas- and that's another 21 hours.
So that leaves 72-(24+21) = 27 hours.
Which at 3 hours a day means 9 days.
Spot on!
The statutory minimum holiday entitlement is currently 4.8 times times the number of days worked per week; in this case 4.8 x 4 = 19.2 days (or 57.6 hours)
Bank Holidays can be included in these 19.2 days as can any shutdown period of the business.
From April 2009 holiday entitlement increases to 5.6 x days worked per week.
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/index.htm
Bank Holidays can be included in these 19.2 days as can any shutdown period of the business.
From April 2009 holiday entitlement increases to 5.6 x days worked per week.
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/index.htm
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