Are my holiday entitlements right?

mydogjack

Hi I hope someone can help on this for me.
Is my employer right to do the following;
I work a 77 hour fortnight(6 x 11 hour days)
I get paid for a 78 hour fortnight(2 x 39 hour weeks)
I get 3 x 78 hour annual leave holidays.
Yet they take 26 hours of annual leave entitlement off of me. Their thinking is 26 fortnights of working 77 hour fortnight.
Three of these are 78 hour holidays.
Should it not be only 23 hours taken?

These are my annual leave entitlements;
27 days + 9 x 11 hour banks holidays
Total is 283.6 hours but should it not be 286.6?

From this it is deduced that somebody working a 39 hour week is entitled to a set number of days off, which therefore averages out as a 7.8 hrs annual leave day.
For example somebody is entitled to 27 annual leave days a year. The working week being 5 days out of 7, 5 days into 39 hours equals 7.8 hours.


Can somebody please advise me on this?

Thanks in advance.

davo10

There is a lot in that post and I'm gonna leave it to the mathematically minded readers to work it out but there are a few things you should know, there are different ways of calculating leave, if you don't normally work on a day a bank holiday falls then you may only be entitled to a percentage of your wage that day, you need to check the period of your leave year and I doubt you would be entitled to 27 days paid leave.

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 working weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement

By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours

8% of the hours worked in the leave year, subject to a maximum of 4 working weeks

An employee may use whichever of these methods gives the greater entitlement.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.

mydogjack

Thanks for that.

My main point is why would they take an hour of annual leave from me while on annual leave?

Annual leave is time accrued, so why take an hour from that?

Hope somebody knows.

davo10

mydogjack wrote: »

Thanks for that.

My main point is why would they take an hour of annual leave from me while on annual leave?

Annual leave is time accrued, so why take an hour from that?

Hope somebody knows.

But you are still being paid your normal rate while on holiday which is for one hour too many than you are entitled to be paid for as per your standard working week. Annual leave is still technically the same as being at work. It is easier just to focus on the average 39 hours per week and use this to calculate the leave.

mydogjack

davo10 wrote: »

But you are still being paid your normal rate while on holiday which is for one hour too many than you are entitled to be paid for as per your standard working week. Annual leave is still technically the same as being at work. It is easier just to focus on the average 39 hours per week and use this to calculate the leave.

Yes. But I am being paid for hours accrued. Why take an hour when it is for hours worked up that I have the 78 hour leave?

Maybe you are right, but I need clarification soon, it is driving me nuts.