A client approached us to assist with calculating the annual holiday entitlement for 2 employees who were working on a job share basis. The company policy provided for employees to receive annual holiday over the statutory minimum as well as bank holidays. We provided the client with a full breakdown of what the employee should receive and an explanation for the workings:
Employee 1 works Monday and Tuesday.
- Companies annual holiday entitlement is 26 days excluding bank holidays for the year 2014.
- This employee is entitled to 10.5 days holiday
- Pro-rated bank holiday entitlement is -0.8 (round up to 1)
Employee 2 – works Wednesday – Friday
- Companies annual holiday entitlement was 26 days excluding bank holidays for the year 2014.
- This employee was entitled to 15.6 days holiday
- Pro-rated bank holiday entitlement is 1 day
There is no statutory right to take holiday on public holidays as such. However, all workers have the statutory right to a minimum holiday entitlement of 5.6 weeks (equivalent to 28 days for a full-time worker). This minimum may include public holidays, of which there are generally 8 per year in England and Wales.
This employer closes on public holidays and gives their full-time staff an annual holiday entitlement of 26 days (to be taken when the individual wishes) plus public holidays (to be taken when they fall).
A part-time worker has the right to pro-rata holiday entitlement based on that of a comparable full-time worker. This means that this employer needed to calculate the pro-rata public holiday (or lieu days) entitlement of any part time worker and adjust that holiday entitlement to take into account the specific working days of the individual. Otherwise, employee 1 will benefit from a disproportionate number of public holidays as holiday (because most public holidays fall on a Monday), whereas employee 2 who normally works mid-week may well lose out disproportionately.
Employee 1 who works a 2 day week on Mondays and Tuesdays will find that 6 of the 8 public holidays in 2014 fell on her normal working days. That is 0.8 (rounded up to 1) days in excess of her pro-rata entitlement. In this case, the employer needed to reduce the individual’s other holiday entitlement by 1 day.