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Old 11 December 2009, 13:30   #1
Borat_Drives_A_Scooby
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Default Under Employment law, how many days holiday are you entitled too ?

Is anyone familiar with employment law ?

A girl i know works approx 39 hours per week, her contract states she works a minimum of 31 hours per week, its a full time contract.

How many days holiday per year is she legally entitled too ?
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Old 11 December 2009, 13:35   #2
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28 days if she works 5 days each week.
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Old 11 December 2009, 13:36   #3
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Originally Posted by john_s View Post
28 days if she works 5 days each week.
What if she doesn`t work every day, her contract says she works a minimum of 31 hours rather than working 5 days a week, that could be spread over 3 or 4 days.

If your contract with your employer is stated in hours is your holiday entitlement stated in hours ?

Last edited by Borat_Drives_A_Scooby; 11 December 2009 at 13:40.
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Old 11 December 2009, 13:59   #4
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The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

* you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
* part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
* you start building up holiday as soon as you start work
* your employer can control when you take your holiday
* you get paid your normal pay for your holiday
* when you finish a job, you get paid for any holiday you have not taken
* bank and public holidays can be included in your minimum entitlement
* you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave
Holiday entitlements: the basics : Directgov - Employment

28 days including bank holidays, reduced on a pro-rata basis if working part time (i.e. less than 37.5 hours a week)
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Old 11 December 2009, 14:30   #5
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Thanks Coffin, its a bit baffling that site in places, some of it is straight forward.

If her contract said the following "To work 5 days a week, 31 hours minimum" would she be entitled to the full 28 days a year ?

She normally works around 38 hours a week.
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Old 11 December 2009, 16:07   #6
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My interpretation of that would be she could expect to be paid 5.6 weeks holiday at 31 hours.

There was provision to calculate holiday based on the average hours worked over the 12 weeks previous to the holiday pay being paid, but I'm not sure if that was from the Working Time Regs, or the "standard" construction industry Ts&Cs.
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Old 11 December 2009, 16:07
 
 
 
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