New holiday entitlement problems?

Just wondered if anyone else's settings are having problems working out the new staff holiday entitlement.

Under the guidelines for part-time/term-time working issued by PLA, our staff are actually worse off under the 4.8 week allowance, then the standard 4 weeks we've been giving them.

Anyone's committee spoken to Lawcall or similar to find out how we sort this?

my administrator is looking into this, will ask her today

not sure really!

This is probably because of the number of weeks worked in the year and the fact that you have had more than the minimum entitlement with the 4 weeks for part time work.

It is up to the individual setting how much holiday pay they give.. so long as you have the minimum, no reason why they cannot offer more....

Ours has given us the 4.8 weeks regardless of the number of weeks worked in a year.

We used this site to help work it out.

calculate holiday entitlement

Thanks for that.

I know were the problem has arisen regarding the 4 weeks not being adjusted to account for part-time/term-time working. But our Chair has issued letters to all staff stating that the 4.8 entitlement will be pro-rata adjusted. Thats why we are coming out with less than 4 weeks under the new formula.

I suggested to her before she issued the letters that the 4 weeks we already get is more than the new entitlement will allow, but me thinks she might have missed the point!

[sparky]

Can they legally pay you less than you get now?

[Ruthierhyme]

Twinks have you managed to find out anything more about this ?

Yes, sorry meant to come back and post an update:sorry:!

Spoke with Lawcall yesterday and their lady said she'd been inundated with calls about this. They have referred the formula back to the person who drafted it, explaining it doesn't work and asking for some definitive decision on what we do now. She said the legal advisers at Lawcall have made an interim decision that holidays should be worked on the same basis as we do for the 4 weeks ruling, ie total for year is normal weeks pay x 4.8 (instead of 4).

She said there should be something official issued at a later date to confirm this or otherwise, but thats what we should do for now. As we don't pay our first holiday of the year until the Christmas break, hopefully they will have made their minds up by then

I'm only relating what I was told, so if anyone else is in this position, I'd recommend a call to Lawcall to double-check the situation and verify I've got it right, as I'd hate to mislead anyone!

In reply to Sparky - Holiday allowance forms part of terms and conditions of employment and its difficult to reduce the conditions of a job whilst someone is holding that post. If the post becomes vacant, the terms can be revised before a new person is appointed, so basically no, you cannot take holiday away, so I guess you cannot take holiday pay away either

[Ruthierhyme]

Excellent news .. good to know they are working something out.

Please let us know when they get back to you.

I spoke to my manager about this today.
She quoted our PLA rep & said she did not need to pay any extra.
WELL I was QUITE sure that this is not correct.
I worked out.......
normal full time person would work 52 weeks and as we only work 38 weeks then we should have this % of the holiday entitlement 38/52 x 100 = 73%
so 52 week = 4.8 weeks
38 week = 3.5 weeks.
I will have to take further advice as I also do payroll for another job & will have to work it out for our part timers.
Has anyone been given anything further?
S

[brown owl]

In my setting, we are trying to work out how my manager/owner is going to pay us our holiday pay, we currently get paid 4 weeks in August, which is very nice.

With the extra 4 days this year, I think she will pay us at Christmas. With the extra 4 days that come in in 2009, I suggested 3 weeks in the summer, 1 at christmas and 1 at Easter, although I think she will only pay out twice a year so probably be christmas and summer.

No decisions yet though