The minimum statutory holiday entitlement is 5.6 weeks (which equates to 28 days, if an employee works a five or six day week).

Holidays for part time employees should be calculated on a pro-rata basis. Calculating the holiday entitlement for a part time employee is not complicated, you simply multiply the number of days they work each week (if they work the same number of hours on each day) by the 5.6 working weeks to give you their annual holiday entitlement.  If the part-time employee works different hours on different days, I would recommend you calculate the annual holiday entitlement in hours, by multiplying the total number of hours they work each week by the 5.6 working weeks.

If you have a part-time employee who works 5 days a week (but let’s say only 3 hours per day), they would still be entitled to the equivalent of 28 days, the same as your full time employees because they also working 5 days a week.

Employees do not have a statutory entitlement to paid leave on public holidays and as such these days can count as part of the holiday entitlement, i.e. you can give an employee 4 weeks (20 days) holiday plus 8 public holidays. Provided you give the required 5.6 weeks holiday, these do not have to fall on a public holiday but your contract should clearly state this.

If you do give public holidays as part of the holiday entitlement, then remember the calculation you would have done to work out your part-time employees holiday entitlement would have been inclusive of bank holidays.  If, a public holiday falls on one of their normal working days and like the rest of the workforce they take the day off, then the public holiday is deducted from their holiday entitlement.  However, you would not make a deduction if the part-timers normal working day does not fall on the public holiday.

Useful tip: It is always better to state the holiday entitlement in working weeks in the contract of employment and not in days.  If for whatever reason you do state it in days and you forget to state that holidays for part-time employees are calculated on a pro-rata basis, then your part time employee would have the right to the full 28 days or however many days you have stated in the contract (which, for example if they worked 4 days a week would give them 7 weeks holiday!).

Paula Fisher.

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If you feel that you need guidance or advice on this matter, please call Practical HR on 01702 216573 or email Paula on the above.