Help - Annual Leave Entitleme

Googlewhacker

138 hours, do you get paid for working these bank holidays ontop of normal money, if so they are buying your holidays back effectively and as long as this keeps you above statutory minimum and its not a change in the current contract (ie its been like this since you started) then I can't see the problem.

However I am sure someone else might be able to correct me if I am wrong.

liney

enidx wrote: »

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.

Currently they pay you for the hours you work, and you keep the holidays hours because they re-credit them?

Is this not the same as letting you keep the holiday hours, and paying you for the hours you work?

paddedjohn

If you work the b/h monday you are getting the tuesday off as time off in lieu, correct?

enidx

Terms and conditions of employment state that I am entitled to:

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

Bank holiday entitlement - double time and time off in lieu

So:::

On a bank holiday, I only claim plain time as they have moved me from my normal working day and toil.

enidx

no, If I work a bank holiday, I get those hours to use during the remainder of that month or the following month if the BH is at then end.

paddedjohn

So you get 27 days pro rata plus if you work b/h then you get an xtra day?

MrRedundant

enidx wrote: »

Terms and conditions of employment state that I am entitled to:

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

Bank holiday entitlement - double time and time off in lieu

So:::

On a bank holiday, I only claim plain time as they have moved me from my normal working day and toil.

BH Entitlement is for people who work a day they are not meant too. As you are PT your BH entitlement is added to your total entitlement and isnt the same. This is fairly common in order that people who work days that dont traditionally fall on BH arent discriminated against.

Thus you are due to work every BH your working day falls and therefore not entitled to any BH entitlement contractually.

If you take the BH off it is deducted from your AL entitlement.

I don't agree with what your saying and would say your basically trying to spin it to your own benefit when your not contractually or legally entitled to it.

DVardysShadow

paddedjohn wrote: »

If you work the b/h monday you are getting the tuesday off as time off in lieu, correct?

You are onto it. Although I would not say that the tuesday is formally TOIL - I would say it is shift substitution.

People end up working a Bank Holiday in one of 2 ways.

• Normally, on a 5 day week, you get the Bank Holiday off, but if you are called in to work, you get paid double time for the day and get a day in lieu. An employee on this working arrangement would have 27 days holiday allowance, but no explicit Bank holiday allowance - these would be taken as they arise.
• On other working arrangements, one of your shifts can be put to the bank holiday by shift substitution, so as you say, the substituted shift is the TOIL. An employee in this position would have an explicit Bank Holiday allowance. But I would be careful about describing the substituted shift as TOIL, because the OP might then be made to work the Tuesday also.

In summary, I think the employer is correct here [but that is subject to the exact T&C's applying to regular hours staff and to those in the OP's position - these should yield equivalent results]

enidx

erm, no

I get 27 days + 8 pro rata, but the hours that I work (and I do actually work on a BH) on a BH are taken off this, so say last year, I worked 41 hours on BH over the year which was more than my actual BH entitlement.

So i started the year with a bookable leave of 129 hours.

Everytime i work a bank holiday I an eligiable to claim double time and toil

I am working 6 out of the 9 bank holidays.

So although ultimately at the end of the year I may have had the correct leave, I actually start the year with my entitlement less any hours being works on the BH.

If I was a day time worker - I would have the leave less the hours I was due to work on the bank holidays leaving me a balance of bookable leave - I would also NOT have to work the bank holidays.

We have been told that we cannot have the bank holiday entitlement and accrue toil for working bank holidays even tho the policys state you are entitled to both.

They changed the way they worked it out about 3 years ago up until then it was fine

enidx

please also note that my rostered hours never actually fall on a BH, but, they move me off one of my normal shifts to provide cover