I have been employed by a large retail company for over 4.5 years and until september of 2011 worked 35 hours per week. In september I got my state pension and asked if I could reduce my hours to 21 (over 3 days). Up until this time I had not taken any holiday and therfore worked my entitlement as follows:189 hours (5.4 weeks @ 35 hours) divided by 12 and multiplied by 5 months = 78.75 hours, plus 113.4 (5.4 weeks @21 hours)divided by 12 and multiplied by 7 months = 66.15 hours giving me a holiday entitlement of 144.9 hours.Unfortunately, my company decided that my holiday for the whole year should be 113.4 hours. I asked for and had a grievence hearing and have still been informed that I have had my full entitlement. I have taken advice from ACAS throughout this procedure,who feel that I have a good case and should take them to tribunal. I would like another opinion before I proceed with my case.Thank youPauline Goodchild
Province/Country relating to question: England
I have had advice from ACAS and a Grievence hearing
Hello Pauline,I will do my best to help you with this.I see that you have done various calculations regarding holiday. Does your contract entitle you to 27 days holiday, have I got that right?
Yes thats right
Hi PaulineApologies for the delay, I have just been doing some calculations myself. I can only agree, I get 144.9 as well. I am assuming that you are working for 5 months at 35 hours per week and 7 months at 21 hours per week. On that basis, when I calculate your holiday entitlement on an hours basis, it comes out at 144.9. I cannot see where the 113.4 calculation comes from. I am wondering whether they have calculated your entitlement on the basis of days rather than hours but you have stated that they have given a lower hourly figure so that would seem not to be the case. Have they offered any explanation as to the lower calculation?As things stand, it does appear to me that you would be justified in taking this to a tribunal. John
Solicitor and Advocate
At the greivence hearing I was given a calculation worked out in hours, which in fact was 10 more hours than I was given, but I spoke to my personnel manager today and he said that I had been given 5.4 weeks holiday. My arguement is that if I had taken holiday before I reduced my hours that holiday would have been paid at 35 hours per week!
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