Help - Annual Leave Entitleme

enidx

I work for a local authority - 24 hours a week. Evenings, weekends and bank holidays.

I am entitled to 27 days holiday per year pro rata, 8 bank holidays pro-rata.

Because I have to work a certain amount of bank holidays for which I get double time and time off in leiu.

Now, they are calculating my annual leave and then taken off the hours that I work on bank holidays and have told me that I cannot have the bank holiday entitlement and time off in Lieu.

Now I do not think that is correct as I actually start off the year with less than the legal minimum of annual leave entitlement and the have to do various bank holidays to regain this leave.

Anyone have any thoughts on this ??

Thanks

MrRedundant

What is the standard working week?

I'd expect

27 Days divided by 35 hours x 24 and 8 Bh divided by 35 hours x 24 - if working week was 35 i.e 18.5 Days and 5.5 Days. So 24 days in total. Any BH you were due to work but didnt would then be deducted to give you a free holiday entitlement.

If you worked a BH I would expect whatever they were offering to be paid on top so say they offered normal time and a day in lieu I'd expect this to be given to you as your normal pay for that day and a lieu day added

Googlewhacker

you are entitled as a minimum to 28 days total pro rata so if they are giving you 27+8 pro rata and you are not working every bank holiday then they are legal

enidx

I work 24 hours a week which is evenings and weekends. They take me off a normal shift and put those hours onto the bank holiday, so say i was due to work 5 hours on a Tuesday, they move me off that shift and put me onto the bank holiday.

So say that over the course of the year I am working 30 hours over the bank holidays, they take those 30 hours off my annual leave entitlement (which includes a bank holiday entitlement).

So I can start the year with less than the legal amount showing as leave.

Their policy states 27 days plus 8 days pro rata for part time staff.
and for bank holidays double time and time off in lieu

they are now saying that they reduce the annual leave amount by the hours worked on bank holidays as we cannot have the bank holiday entitlement and time off in lieu which I think is wrong.

any thoughts ??

enidx

Oh and I will be working 6 out of the 9 bank holidays this coming year !!!

enidx

Standard working week is 37 hours

Googlewhacker

so you get 3 BH paid plus pro rata of 27 days, if so this is above the statutory

MrRedundant

Ok then

35 days a year total.

I'd expect 35 days per year / 37 hours * 24 Hours = 22.7 Days Hol Per year. Based on a standard day being 7.4 hours long this is 168 hours per year holiday in total including bank holidays. I would expect any BH's that fall on your days that are not worked to be taken off and leaving you the free entitlement to take. If this falls below stat minimum tough as your total holidays exceed this.

enidx

no I dont, because they work out how many hours you are doing over the bank holidays and then take this time off your annual leave entitlement.

I then work on the bank holidays getting what they are describing as TOIL - which is infact the annual leave back that they have deducted.

The form they use, is the same form which staff who work daytime hours use and they have their annual leave reduced by the bank holidays they are due to work but are not working.

I however have my annual leave reduced by the hours that I am working on the bank holidays.

Surely that cant be right can it ??

MrRedundant

From what you have said I suspect your entitlement is fine and you just dont get it.

enidx

yes, but what I am getting is not matching the policys

A/L & P/H entitlement - 27 days and 8 days pro rata

Basically, say I am due 168 hours and am working 30 hours over the bank holidays, my annual leave entitlement will show as 128 hours.

Bank holiday entitlement - double time and time off in lieu

I then get toil for the bank holidays as I work them which they expect you to take in the month you accrue it, so I would get 30 hours toil over the year.

They say that this toil then takes my annual leave back up to 168 hours so I am getting the full entitlement

Am I entitled to the Public holiday entitlement and toil for working the bank holiday ??