Confused about bank holidays

thriftymanc

EDIT: Please read post 6 for my new query!

Hoping someone can answer my question!

I've been working in the same job for a while but the way we book our holidays has changed re: bank holidays, and we have a new manager who is never around to ask which is typical. I'm sure I'll find out officially soon, but would like to know in the meantime...

I'm entitled to 22 days holiday per working year plus bank holidays. Previously my workplace was closed on bank holidays so we just had to choose when we wanted to take our 22 days and submit a form.

Now, my workplace has decided to stay open on bank holidays. I've just picked up a holiday request form for the new working year and it says I'm entitled to 22 days. Surely this should be more if I'm now expected to work on bank holidays, when normally I would have had them off? They can't just take 8 (or however many it is this year with the royal wedding?) days holiday off me.

I managed to speak to my new manager briefly (this was a couple of weeks ago and I haven't seen her since, she's a manager who likes to 'manage from home' it would seem, i.e. useless) - she said the way it will work from now on is that they'll decide who works a bank holiday, and let us know. I said fine but what if I'm told to work a bank holiday, how am I meant to pick another day off in its place if I'm not allowed to write it on my holiday request form? She said she didn't know and would find out... she hasn't replied to my emails yet, apparently that's too much work to do from home.

Does anyone else have this in their workplace?

LittleVoice

I don't have that situation in my workplace. However I suggest you check the precise wording of your terms of employment regarding bank holidays.

It appears you used to get 30 days a year including bank holidays, so over the statutory minimum.

Does it spell out that you would have "22 days and bank holidays" or does it say, for example, "22 days plus eight customary bank holidays". If the former, then the extra day in 2011 (for the wedding) and in 2012 (for the Queen's diamond jubilee) would be additional to your existing entitlement in those two years. If not, then you would have to take them out of your total allowance or work them.

LittleVoice

If it changes (and you have no proof that it has, they have no proof they have advised you of a change - and notice of a change has to be given), then the working time regulations would require that if they require you to take a specific day as holiday they have to give you notice and that notice has to be at least twice the length of time that is to be taken off. So for a one day "forced" holiday, you would have to have at least two days' notice.

KiKi

thriftymanc wrote: »

I worked all 5 of the April and May bank holidays. I have been given 3 days off in lieu, all days next year.

A) Shouldn't I have been given 5 days off? I mentioned this to the manager and she muttered some crap about pro rata, but I'm a full time worker doing 5 days a week, and my contract says I'm entitled to 22 days plus bank holidays, so if I work 5 bank holidays then as far as I can see I should have 5 days off in lieu.

If your contract says 22 days AL, then yes, you should have had 5 days. Sounds like by giving you three, they are forcing you into a position of 20 days AL and 8 BH / days in lieu, and therefore giving you the minimum legal requirement and not your contractual entitlement.

Considering I was told the days off in lieu should be close to the actual bank holidays they are in lieu of, can they really make me wait until next year to take them?

It is illegal to not allow you to take 28 PAID holidays in any one year. So if your AL year runs Jan-Dec, and these three take you under your 28, then yes.

Other than that, it's down to company policy.

HTH
KiKi

KiKi

thriftymanc wrote: »

Thanks for that. I checked my handbook and the days do fall just within the company's working year (albeit as far away as they can get!). Just a bit miffed that I have to wait so long when some of my colleagues got all the bank holidays off and I didn't get any, but as long as they're doing things right then I don't mind. A day off is a day off after all!

...and in law you have no right to choose when you take paid holiday anyway, it's the company's prerogative. So it's annoying, but you can't really act upon it!

KiKi

paddedjohn

if your old contract stated you get 22 days plus bank holidays and you now have to work bankholidays then you need to get a new contract.