Pro-rata problem
Question
I recently reduced my working hours from 40 to 32 hours. When I was working full-time, I was entitled to 20 days holiday per year. But now I've reduced my hours, my employer says that I'm only entitled to 13 days, because it is worked out pro-rata. Is this right?
Answer
Your employer is right in principle. If you work fewer hours, your entitlements, such as pay and holidays, will be reduced in direct proportion.
But your employer appears to have got their sums wrong.
As you were entitled to 20 days paid holiday as a full time worker and are now working 80% of a full time contract, your holiday entitlement is 80% of 20 which is 16 days, not 13 as your employer has said.
Hopefully, if you point this out to your employer they will accept the error. If not, you could consider taking them to an Employment Tribunal to enforce you rights.
You might also want to consider contacting the ACAS helpline on 08457 474747 and check our calculation with them.
Updated: 13/04/2010
Question answered by CAB
