Bank Holiday - Employer wants to take holiday away

bluenitsuj

Gone on for a while now but here goes.

I work 4 days a week/ 36 hours so entitled to 22.4 days holiday per year ( including b/hols ). I also get 2.4 days for length of service. Total allowance 24.8 days. My contract last year stated 25 days so nothing wrong there.

The problem is that my employers keep harassing me about I have too much holiday, I just tell them that I have my contract so that is what I go by. This week, I received a letter from personnel stating that I should get 18 days + 6 days Bank Holidays = 24 days. But the stupid thing is, she also stated that I would have to book a days holiday out of my entitlement every time I WORK a Bank Holiday. I actually work all of them as they are my contracted days.

Has anyone ever heard anything so silly?

BabyDoll

My mum is having the same problem from tesco and she's been in touch with her union and apparently they cannot do that!

ovoreo

Hi - I not sure about your holiday reduction but what she says about booking normal holiday entitlement on bank holidays is true! Basically if you are part-time and work Monday and Friday it is unlikely you will have enough bank holiday hours to cover actual bank holidays worked, therefore you may find towards the end of your holiday year you have exhausted your entilement for bank holidays and will need to use your normal holidays instead.

Maybe personnel are not aware of your service related increase - maybe ask them and offer to send them a copy of the contract you have?

Uncertain

At the end of the day you have a hard and fast legal entitlement to 28 days holiday per year (obviously pro rata as you are part time). However they "package" it they cannot give you less.

Any contractual "service entitlement" comes on top of this - assuming your contract is watertight in that respect!

Many jobs require you to work on Bank Holidays (it is the busiest day in many lines of work) and, for statutory holiday purposes, there is nothing special or protected about them.

If what they are offering you amounts to this then fine, if not then they are breaking the law - simple!

bluenitsuj

ovoreo wrote: »

Hi - I not sure about your holiday reduction but what she says about booking normal holiday entitlement on bank holidays is true! Basically if you are part-time and work Monday and Friday it is unlikely you will have enough bank holiday hours to cover actual bank holidays worked, therefore you may find towards the end of your holiday year you have exhausted your entilement for bank holidays and will need to use your normal holidays instead.

Maybe personnel are not aware of your service related increase - maybe ask them and offer to send them a copy of the contract you have?

Hi,

I am contracted to work on Mondays and Fridays, so do not see why I would have to book 8 days off bank Holidays when I have worked. this would only give me 16 days off, the legal minimum requirement for me is 22.4 without company service days. The minimum requirement states that I have to have 22.4 days off as holiday, if I work on Bank holidays which I do then I am still entitled to 22.4 minimum. This is how I understand the law. i have spoken to ACAS who say that making you book holiday for days you are working is illegal.

LittleVoice

Of course they cannot say that someone has to deduct a day from their holiday entitlement when they are actually working that day. You are entitled to your full holiday entitlement which, in your case, includes a proportion for bank holidays which others may be taking off.

Looks as though they got into a mix-up by mentioning bank holidays as an addition instead of saying what the allowance is and then adding that any bank holidays would be included in that allowance.

getmore4less

You are entitled to 4/5 of the full time workers holidays.

You don't use holidays on days you work

Looks like they might be trying it on.

.................
Allthough this can be adjusted for some work patterns.
The basic entitlements are based in weeks and to make it days the wotking days are equal 5 days in the working week for full time workers.(days over 5 don't count)

xxshopaholicxx

You need to call the union ..alot of work places will try things on but as soon as you take it further they will stand no chance:rotfl:

bluenitsuj

xxshopaholicxx wrote: »

You need to call the union ..alot of work places will try things on but as soon as you take it further they will stand no chance:rotfl:

ay

I have put in an official grievance letter and had the meeting today. They are insistent that I WILL have to book a day off for every Bank holiday I work. I never thought people could be so stupid, its not rocket science. I am entitled to 22.4 days + 2.5 for length of service which they have agreed and rounded up to 25 days. As I work 7 of the Bank Holidays they want to take these days away from me even though I am working, leaving me 18 days to actually take. I will appeal this and have now got ACAS to take up the case which they are happy to do. Will keep you updated.

zzzLazyDaisy

This is bonkers.

I suggest that if they are insisting that you book a day off for a bank holiday that you are due to work, then you should do just that - book the day off and TAKE the day off. They can hardly complain if you fail to turn up for work when they have insisted that you book the day off.

bluenitsuj

zzzLazyDaisy wrote: »

This is bonkers.

I suggest that if they are insisting that you book a day off for a bank holiday that you are due to work, then you should do just that - book the day off and TAKE the day off. They can hardly complain if you fail to turn up for work when they have insisted that you book the day off.

My family live in the Far east so i tend to save my holiday for 2 - 3 week break. Also have to take days off in School holidays so taking Bank Holidays off is no good to me at all.