Holiday/Bank holiday entitilement

bluenitsuj

Hi
I work 36 hours a week over 4 days. My contract last April stated I am entitled to 24.4 days paid holiday per year. This is 22.4 legal entitlement plus 2 for service. I have just been told that they got it wrong and they want to take time back of me. The other main concern is they are saying that if you are paid double for working bank holidays then they will take a days holiday off you. Monday is my normal working day so I work all Bank holidays.

My understanding of the law is that an employer cannot buy holiday off an employee, and the above situation is exactly that. Please give me some advice on this.

paddedjohn

They cant take holidays off you but they dont have to pay you any extra for working on a bank holiday (unless its in your contract)

hcb42

they might have confused you with the way they have put it, but it seems about right.

the 22.4 is correct based on 4 day week,m not sure what the service days are for, and as prev poster says they are not obliged to give you extra for working the holiday...although not sure on the legalities of therefore paying double time but clawing it back in making you spend a holiday...but I dont think you are entitled to both...(unless you have generous Ts and Cs!)

paddedjohn

After rereading your post, does it say anything in your contract about taking one of your service days if you are paid double on bank holiday? These days are over and above your legal entitlement and can possibly be bought back from you

bluenitsuj

Hi

Nothing in my contract about them buying them back or taking my holiday back.

getmore4less

Is this one issue or 2?

First establish your holiday entitlement which is 4/5th of a full time worker including all their entitlements for BH and equivilent service.


Once you established those days they have to give you your statutory minimum from those, contractiual variation can apply to the other days but they must be the same for you and a full time worker.

My guess is some companies have failed to adapt their T&C to the new 5.6 weeks requiremetn that makes 20 days+BH not work if they are not worded correctly.

April-March holiday year can also cause problems for companies with min entitlements using BH


What do your T&C's say about holidays,

*Kat*

Where I work, if you're contracted to a monday shift and you choose to work that monday bank holiday, you get that day back as a personal day.

If you chose to work that day then you got paid double and so don't get that personal day, and therefore that is taken from your personal days.

Your holiday entitlement is different though (as far as I know) and bank holidays aren't included in that?

And one time they gave me too many holidays and in March's pay, they decided to just take that money from my wages without even informing me. Apparently they can do that

getmore4less

*Kat* wrote: »

Where I work, if you're contracted to a monday shift and you choose to work that monday bank holiday, you get that day back as a personal day.

If you chose to work that day then you got paid double and so don't get that personal day, and therefore that is taken from your personal days.

Your holiday entitlement is different though (as far as I know) and bank holidays aren't included in that?

And one time they gave me too many holidays and in March's pay, they decided to just take that money from my wages without even informing me. Apparently they can do that

What holidays do you get? or full timers if you are part time