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Working with possibly no holiday pay

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Where is the extra day coming from?

    http://www.direct.gov.uk/en/Governmentcitizensandrights/LivingintheUK/DG_073741

    Says 8.

    If you work a bank holiday they must give you another day.

    You are not realy gettng double time.
  • gabyjane
    gabyjane Posts: 3,541 Forumite
    Mudd14 wrote: »
    There are 9 bank holidays this year (based on the holiday year inline with the tax year and not including scottish holidays)! The statutory minimum is 28 days per annum but you may have a bank holiday policy in your contract. So, yes, you may get 29 days this year if you dont work any of the bank holidays.

    Regardless of how you are paid for the holiday you must take the minimum 28 days to coply with the WTR. You are also not allowed to carry over any of the statutory minimum days to the following holiday year.

    Regarding the acceptance and decline of how you are paid holiday, the company can do what they like. You can request to change your contract but they dont have to agree to it.

    Thanks for the reply..see this is where my work takes no notice of any rules and used to let us carry holiday over..not now though which was a bit of a shock as told us about a week before they had to be used up grr so lots some.!
    As for the last bit..they are paying this person a higher wage and no holidays so does this mean they are abliged to do the same for me if asked? seems unfair tbh if not?
    Thanks
  • gabyjane
    gabyjane Posts: 3,541 Forumite
    Where is the extra day coming from?

    http://www.direct.gov.uk/en/Governmentcitizensandrights/LivingintheUK/DG_073741

    Says 8.

    If you work a bank holiday they must give you another day.

    You are not realy gettng double time.

    I was going by my diary which says:

    Jan 1st
    April 2nd
    April 5th
    May 3rd
    May 31st
    August 30th
    Dec 25th
    Dec 26th
    Dec 27th
    Dec 28th
    so 10 days?

    As for the fact of not getting double pay how am i not?..and if i dwork a bank holiday we are never offered another day. So lat year looks like i lost out. This is why ide rather just not have the holidays! easier.
  • Mudd14
    Mudd14 Posts: 856 Forumite
    If you work it and get double time then its the same as having a day off holiday in lieu, if you dont work it you just get the day off paid so its no advantage working it or not!

    There is 9 bank holidays for those on a tax year holiday year because of easter, it is earlier this year so 21nd April falls into this holiday year making 9 BH's but only 7 next year :)

    gabyjane with regards to being unfair, not really its just two different contracts, neither of you are better or worse off than the other.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 1 March 2010 at 2:46PM
    Mudd14 wrote: »
    If you work it and get double time then its the same as having a day off holiday in lieu, if you dont work it you just get the day off paid so its no advantage working it or not!

    There is 9 bank holidays for those on a tax year holiday year because of easter, it is earlier this year so 21nd April falls into this holiday year making 9 BH's but only 7 next year :)

    gabyjane with regards to being unfair, not really its just two different contracts, neither of you are better or worse off than the other.

    Well I think that will be a problem for companies that only give 28 days they will have to give an extra day next year.


    How common is financial year most companies seem to use 1 April or 1 Jan or start date.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    gabyjane wrote: »
    I was going by my diary which says:

    Jan 1st
    April 2nd
    April 5th
    May 3rd
    May 31st
    August 30th
    Dec 25th
    Dec 26th
    Dec 27th
    Dec 28th
    so 10 days?

    As for the fact of not getting double pay how am i not?..and if i dwork a bank holiday we are never offered another day. So lat year looks like i lost out. This is why ide rather just not have the holidays! easier.

    3 points

    25th 26th Dec are not bank holidays

    You are due holiday pay for the day so they are only paying you single time for working the extra shift. To get double time they would need to replace the day with another days holiday or pay you triple time.


    Law says you have to.
  • Mudd14
    Mudd14 Posts: 856 Forumite
    3 points

    25th 26th Dec are not bank holidays

    25 and 26th are bank holidays as long as they dont fall on weekends, if they do you are given the following two working days off in lieu as bank holidays.
    You are due holiday pay for the day so they are only paying you single time for working the extra shift. To get double time they would need to replace the day with another days holiday or pay you triple time.


    Law says you have to.

    Not sure I follow this one....
  • gabyjane
    gabyjane Posts: 3,541 Forumite
    Mudd14 wrote: »
    If you work it and get double time then its the same as having a day off holiday in lieu, if you dont work it you just get the day off paid so its no advantage working it or not!

    There is 9 bank holidays for those on a tax year holiday year because of easter, it is earlier this year so 21nd April falls into this holiday year making 9 BH's but only 7 next year :)

    gabyjane with regards to being unfair, not really its just two different contracts, neither of you are better or worse off than the other.

    Hi thanks for your reply. As for the highlighted bit i disagree..they are getting paid likely more than i have 'estimated' and no they dont get holidays but thats their choice..they are still in the long run making more money for doing exactly the same work. When i spoke to the person i work with today he said it would have been nice to have the opiton not treat us all differently..which is very true.
  • gabyjane
    gabyjane Posts: 3,541 Forumite
    Lol..

    getmore4less 25th 26th Dec are not bank holidays

    Mudd14 25 and 26th are bank holidays..

    I understand the weekends bit but i dont do weekends so guess it doesnt affect me?!?
  • Mudd14
    Mudd14 Posts: 856 Forumite
    gabyjane wrote: »
    Hi thanks for your reply. As for the highlighted bit i disagree..they are getting paid likely more than i have 'estimated' and no they dont get holidays but thats their choice..they are still in the long run making more money for doing exactly the same work. When i spoke to the person i work with today he said it would have been nice to have the opiton not treat us all differently..which is very true.

    But the people getting rolled up pay must still take 5.6 weeks off in the year but it will be unpaid as they have effectively already been paid for their holiday in their hourly rate. So it will work out the same!
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