Bank Holiday/Annual Leave Issues

wa10 · 24 March 2017 at 9:28AM

Good Morning,

I'm wondering whether anybody could please offer any advice regarding an annual leave/bank holiday issue which has arisen between me and my employer. I've attempted to address this with my line manager, however have been met with an "I'm right, you're wrong" brickwall. Have raised it with our union and I'm currently awaiting their feedback, but figured more input can never be a bad thing.

I'm employed full time, working 37.5 hours per week over 4 days.

My contract of employment is worded in such a way that I am entitled to 22 days paid leave per year, plus public holidays (and 8 are specifically listed/named). It also stipulates that if a public holiday falls outside of my working pattern, I'm entitled to an additional day in lieu.

The company handbook specifically states that if we are required to work on a public holiday, we will be entitled to another day's leave in lieu of this, in agreement with our line manager.

In terms of "regular" annual leave entitlement, this is booked via an online system and we are given an entitlement of 165 hours per year to book in this way. As this isn't the legal minimum, the public holidays must also count towards this, which is absolutely fine.

On Monday 2nd January (PH in lieu of NYD) I was required to work, and at the time I queried with my line manager when we would be able to take the time off in lieu of working this - I was advised this would be added to our regular leave entitlement. As this didn't happen, I queried again and was this time advised that we would not receive the time back as we are not entitled to the public holiday back if we work it, despite what our contracts and handbook state. We were paid at an enhanced rate on the day, however this was not voluntary overtime as we were simply notified that we would be required to work.

This situation has arisen again around Easter, as we have now been informed that we will be required to work Good Friday, which is again one of the public holidays specifically included in our contracts as a day we are entitled to be off. As soon as I was notified, I queried again with my line manager and was informed that I would be required to work, and that I will not be entitled to time off at any other time in lieu of this.

Having exchanged a number of emails with my line manager regarding the issue yesterday, setting out my understanding of the position and making the points both about the contract/handbook public holiday provision and also the legal minimum paid leave entitlement, my manager eventually came to my desk and made quite a scene in front of other staff and managers saying that I shouldn't have signed the contract if I wasn't happy with it (the point is, I am, however the contract isn't being upheld by the company!).

Just looking for some clarification on my position both regarding the public holidays themselves/additional leave in lieu and also the legal minimum leave - to make sure I'm not barking up the wrong tree entirely before I look to escalate the issues.

Thanks!

neilio · 24 March 2017 at 9:50AM

Talk to HR

sangie595 · 24 March 2017 at 11:54AM

You work seven days a week over four days? Are you Dr Who?

wa10 · 24 March 2017 at 12:49PM

Oops, well spotted. I did mean 37.5 hours over 4 days.

Will definitely be contacting HR, just wanted to make sure I was right in what I was saying before I did.

Cheers,

getmore4less · 24 March 2017 at 1:29PM

165 hrs is 4.4 x 37.5hr weeks for you that would be 17.6 days.

You should get the 8 BH prorata at 4/5 as well. so only 6.4 additional days/48hrs

wa10 · 24 March 2017 at 1:46PM

That's partly what I'm querying, as the wording of the contract is very specific that we are entitled to the 22 day and the bank holidays in addition - however we are being told that we don't get the bank holidays at all, we are required to work them and we're not being given the time back in lieu despite the contract and handbook saying otherwise.

It's very much a 165 and that's all you're getting, unless the BH falls on a non working day (I work all Monday's, so that doesn't apply for me) in which case we would get a credit back. But for those of us who work on the BH it's tough.

getmore4less · 24 March 2017 at 2:58PM

Is the 22+BH the "full time" worker holiday allowance?

you have to be careful because you are not a "full time" worker in the sense of Xhr over 5days or whatever they class a normal full time.

Once you move to part time and shift patterns not 5on2off you have to either have it specified specifically or should be protrata

the is a chance it could fall under the part time worker regulations ie. if someone only worked Mon they would not get the correct holidays.

THis is the problem with places that have not caught up with the WTR on holidays as statutory paid holidays are in weeks.

With the system you have you could fall under the statutory min of 5.6 weeks(210hrs) if you loose too many BH. if that is forecast for this holiday year they will have to fix it.

if you work every Mon there are 6 BH Mon this calendar year you will be well short.

wa10 · 24 March 2017 at 3:46PM

The 22 days + BH are specifically from my contract, which also states my hours as 37.5 hours per week (any shift pattern to suit the business needs) and clearly describes my role as full time.

I'm not really bothered about the BH's specifically, quite happy to work them or any other hours required as I'm fairly flexible with no real home/family commitments, so I'd rather work if it means that those with young kids etc. get to have the time at home when their families are also off.

More concerned that, as you rightly say, by losing the BH's and not being offered time in lieu I'm ending up substantially short of holidays - and the attitude of my manager when I tried to raise this and tried to point out both angles (the legal entitlement and also the specific wording re BH's) was quite simply to say tough, I'd get the 165 hours and that's all, and I shouldn't have signed the contract if I wasn't happy with it...despite the contract agreeing one way or another with the point I'm trying to make.

It's not as if it's a small business either, this is a large organisation - and there are hundreds of us who have similar/same contracts with the same holiday issue.

getmore4less · 24 March 2017 at 4:26PM

Take it higher.

wa10 · 25 March 2017 at 8:53AM

getmore4less wrote: »

Take it higher.

Thanks, I will be doing, just needed an idiot check really that I wasn't being thick!

I've forwarded the email exchange over to our Union rep, will have a chat with him about it on Monday and then get something over to our HR team. Wasn't sure whether to escalate to the senior manager (my manager's manager) however I think it makes more sense to speak to people who will hopefully understand what I'm saying and the law around it.

It usually takes HR about 3 weeks to reply to emails, so will let you all know how I get on when they finally get back to me.

Thanks for your help

getmore4less · 25 March 2017 at 10:21AM

Might be one of these battles that gets your card marked if it is that type of place.

Might be best to avoid putting you manager on the spot as well if they are the type that can't be seen to be wrong.

Union to HR may be a less confrontational approach, then HR can update everyone with the policies(if they agree).

Bank Holiday/Annual Leave Issues

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