Working out holiday entitlement for a full-time employee is easy enough. But what about if they’re part time, or just work casual hours? And should bank holidays be extra?
Here are answers to three of the most common questions salon and barbershop owners raise with the NHF to help you within your hair & beauty business.
However, if you are an NHF Member and have specific questions regarding holiday entitlement that you would like to discuss in more detail, then please do visit our legal advice page and call the free NHF Legal Lifeline for help.
Holiday allowances for casual workers in salon businesses
“I use regular casual workers during busy periods in my business - are they entitled to any paid holiday?”
This depends on the employment status of the casual worker. If the casual worker is self-employed then they won’t need to be paid benefits such as holiday or sick pay by the salon or barbershop business owner.
However, the business owner will need to be careful about how and how regularly they use the casual worker so they aren’t caught out by HM Revenue & Customs (HMRC) - they could decide that the casual worker should be classed as ‘employed’.
For staff who are employed by a business owner on a casual or irregular basis, the principle when it comes to their holiday entitlement should be that their holiday entitlement is a percentage of the number of hours they work.
|You can work this out as follows:
Once a salon or barbershop business owner has this figure, the amount of holiday a casual worker is entitled to can be worked out. For example, if a casual worker works ten hours a week, calculating 12.07% of ten hours comes out at 1.21 hours, or 72.63 minutes to be precise.
Therefore, the casual worker will be building up just over an hour and ten minutes of holiday for every ten hours they work. Assuming they regularly work these ten hours a week, it will take them around six weeks to build up a day’s holiday.
Annual leave entitlement for part-time hair and beauty staff
“I’ve hired a part-time member of staff to work three days a week, but I’m unsure how much holiday they will be entitled to? The part-time member of staff is working on the same terms and conditions as my full-time staff”.
The key here is that the part-time member of staff is on the same terms and conditions as the full time team members. Again, the vast majority of workers are legally entitled to 5.6 weeks of paid holiday a year, or what is known as statutory annual leave entitlement.
The part-time member of staff is also entitled to this but, because the hours worked are part time, the actual number of days worked the part time worker will be able to take off is different.
|You can work this out as follows:
One common area of confusion in this instance is whether bank holidays should be included as part of the total. The government’s position on this is clear: it’s up to the salon or barbershop business owner as bank holidays do not have to be given as paid leave. So you can decide whether to include them as part of your employees’ statutory annual leave.
The impact bank holidays have on annual leave
“I give staff the basic statutory holiday allowance of 5.6 weeks a year, plus eight public holidays. However, my business closes on a Monday, and of course, bank holidays tend to fall on a Monday, so I’m unsure what impact this will have on my employees’ annual leave entitlement.”
You wouldn’t expect employees to take any of the other Mondays as holiday when the business is shut – they can’t work those days, whether they want to or not. This means whether the Monday is also a bank or public holiday is irrelevant; in this case, the business owner can’t take the day off of their employee’s holiday entitlement because the business would have been closed anyway.
It is the same if an employee books a week’s holiday that includes a Monday (or any other day) when the business is shut. That day should not be counted as part of their holiday allocation.
|FIND OUT MORE
If you’re receiving questions about holiday entitlement and aren’t sure of the answer, or if you have any employment or legal questions, do take professional advice. Ring the NHF support team on 01234 831965 or email enquiries.