Employee Holiday Entitlement & Usage

[Photek1000]

Hopefully someone here can help clarify my workings on behalf of my wife before we contact her new employer HR\Management.

My wife has just started working for one of the railways on a part time basis, she has been employed for about a month but I think either the leave system they use or the management signing off on Annual Leave isn't fit for purpose as a part time worker.

But before challenging I wanted make sure we don't make ourselves sound daft for missing something obvious.

Hours worked are 17.5 per week as an average over an 8 Week Roster Period

15 Days Holiday per annum (Half the allowance of a FT head including Bank Holidays)

Part time shifts are all 4 hours

Leave system & Management are stating that a whole days leave (1 Unit) needs to be used for a shift off rather than a 0.5 (half day option), the leave system has limited options and I cannot find a 0.5 drop down of any kind.

We believe this leaves her at a huge disadvantage over a full time worker who would also book a single day (1 Unit) for 8 hours off

As it is she will average 4.35 days a week in (4 hours per day) which in days terms is only marginally less than a FT employee, but she gets half the holiday allowance.

If she was Part time 2x 8 Hours shifts the 15 day (1 unit per booking) would make sense.

Please let me know if we aren't going mad, or barking up the wrong tree and missing something.

Thanks for reading this far, and any advice on wording for an email would be great.

 

[greatkingrat]

Yes, you are right. It should either be 15 8 hour days, or 30 4 hour days, but not 15 4 hour days!

 

[Photek1000]

Thanks I thought it sounded bonkers, I'm not sure if it's just they haven't encountered it or they've never been challenged, neither of which I beleive.

 

[Watershed]

The statutory right is to 5.6 weeks' paid holiday per year. The number of days you work doesn't impact this right - it's just that in practical terms, most employers ask you to nominate working days you're taking off, rather than also asking you to state the non-working days on which you're nominally also taking holiday.

If your wife were only allowed 15 days off, then on her 4.35 day per week average that would equate to just 3.45 weeks' holiday per year - which is less than two thirds of the statutory minimum.

Therefore it's clear the employer is wrong here.

 

[Photek1000]

It does seem to be, from conversations she has had with another PT employee at the station they might be getting away with this.

 

[Watershed]

It does seem to be, from conversations she has had with another PT employee at the station they might be getting away with this.

Just because it is a longstanding practice doesn't necessarily mean it's lawful. I'd encourage her to speak to her union rep about it to see what they have to say.

 

[Horizon22]

Is your wife a member of the relevant union? If not, she should join (probably RMT for stations) and discuss this with the local rep.

You don’t have to mention the employer and that’s fine, but if you feel it will help that’s also OK.

 

[Krokodil]

Definitely worth taking this up with her union rep, it's what they're for.

 

[Photek1000]

Just because it is a longstanding practice doesn't necessarily mean it's lawful. I'd encourage her to speak to her union rep about it to see what they have to say.

This is all very true, it might be that the people she has spoken with so far didn't understand the question, but she has another PT worker on her shift today to speak with, if that comes up the same way I have put together an email we can first send off to HR, she's not in the union yet but will join if she thinks she will stick with the job.

Is your wife a member of the relevant union? If not, she should join (probably RMT for stations) and discuss this with the local rep.

You don’t have to mention the employer and that’s fine, but if you feel it will help that’s also OK.

Not yet, but she will join if she's going to stay with the job, as for the employer it is GWR, think I'm safe saying that, they don't know who I am or she is, and it's only a question

Definitely worth taking this up with her union rep, it's what they're for.

We will do if necessary, thanks