Bank/public Holidays

SKIPPY

Hoping someone out there may be able to help me further. My husband works full-time for a company, but his working days are Tuesday to Saturday (not through choice). At the moment he doesn't get any lieu days for the bank holidays that fall on Mondays. We have been told by a couple of people that he is still entitled to the lieu days for the Monday Bank Holidays. After looking at the government site about bank/public holidays, it says

'If full-time workers get paid leave on a public holiday, part-timers who don't normally work on that day have the right to paid time off on another day, proportionate to the hours they work'

This sort of agrees with what we've been told but doesn't actually mention full-time workers.

Thanks for all the help anyone can give.

hjb123

When I worked in retail if the employee wasnt scheduled to work on a Monday when the Bank Holiday falls then they werent entitled to pay or time of in lieu for that date as they wouldnt have worked it anyway!

You can always try ringing the CAB - they are trialing an out of hours advice line! - 0844 902 0021

CIS

If you dont usually work on the bank holiday, then you are not entitled to the time - holidays entitlement is only accrued for normal working days and used against working days.

The piece you quote only applies to part time workers - your husband works 5 days per week , so is working full time.

Life_On_Mars

"You do not have a statutory right to paid leave on public holidays. If paid leave is given on a public holiday, this can count towards your four weeks minimum holiday entitlement.

If full-time workers get paid leave on a public holiday, part-timers who don’t normally work on that day have the right to paid time off on another day, proportionate to the hours they work."
http://www.direct.gov.uk/Employment/Employees/WorkingHoursAndTimeOff/WorkingHoursAndTimeOffArticles/fs/en?CONTENT_ID=10029788&chk=iZegjW

What does it say in his contract or terms and conditions of employmewnt about his holiday entitlement? Does it mention Bank Holidays? I think that is the key.

ohreally

If the public holiday falls on your husbands rest day a reasonable employer should move his rest day thus enabling the employee to have his rest days as well as the public holiday.
That assumes your husband gets at least the statutory minimum plus public holidays.If this isn't happening and other full time staff are getting them than he may be a case regarding equality issues.
Take advice from ACAS and consider invoking the company grievance machinery.

Claudie

I am not entitled to Bank Hoilidays but this is clearly outlined in the T&C's in my contract. My understanding is that they are not an entitlement if they are not your usual working day - it may be worth checking his contract to see what it says.

I think sick days are similar - most people assume their employer will pay sick leave but my OH doesn't get any sick leave other than statutory so if he misses one or two days then he doesn't get paid for them.

ohreally

Claudie wrote:

I am not entitled to Bank Hoilidays but this is clearly outlined in the T&C's in my contract.

Then you may have no case to pursue.The op's husbands employer would,it appears,offer public holidays in addition to a/l entitlement (he appears to get Friday ph's recognised),the employer should be prepared to move the employees rest day forward when the ph falls on a Monday.


OP:Is he a trade union member?

hjb123

ohreally wrote:

the employer should be prepared to move the employees rest day forward when the ph falls on a Monday.

Im sorry but I dont see why the employer should be prepared to move the rest day forward when it falls on a Monday. If they wouldnt normally work on that day then why should they!

CIS

I agree with hjb123, its akin to saying that a monday to friday worker should have the weekend credited back to them as it happens to fall on their 2 rest days.

SKIPPY

Thanks for all your replies. On looking at his contract it says:-

' You will be entitled to statutory holidays and in addition each year you will be entitled to 20 working days'

Regarding some of the comments saying if you don't normally work on a bank holiday then you don't get the time off. I look at it this way

If you work Monday to Friday each week and get the weekend off, you then get extra days off on Bank Holidays. But if you work Tuesday to Saturday as in by OH case in effect Sunday and Monday is your weekend so surely you should be entitled to lieu days for the BH Mondays, otherwise the other employees working Monday - Friday are being given more paid leave, discriminating against the employees who work Tuesday - Saturday.

Am I looking at this the correct way!?!

Oh and by the way yes he is a member of the TGWU

Claudie

Skippy what happened on Good Friday? Did he have that off?