Bank Holiday - Employer wants to take holiday away

Sambucus_Nigra

Blue...

Do they do this with everyone? Or is it just you?

bluenitsuj

Sambucus_Nigra wrote: »

Blue...

Do they do this with everyone? Or is it just you?

It is everyone but all others are oblivious and do not want to complain. It is also down to the fact the company are paying double for Bank Holidays so want the day back so they are not paying triple if you know what I mean.

shellsuit

bluenitsuj wrote: »

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.

That's right isn't it?

The norm is 4 weeks holiday a year plus bank holidays.

You work 4 days a week, so 4 days a week x 4 weeks a year = 16 days.


I used to get 8 days off a year plus bank holidays. I worked 2 days a week, so that was right.


ETA : Nothing has been mentioned about your pay for the bank holidays you work ~ do you get double time for them?

bluenitsuj

shellsuit wrote: »

That's right isn't it?

The norm is 4 weeks holiday a year plus bank holidays.

You work 4 days a week, so 4 days a week x 4 weeks a year = 16 days.


I used to get 8 days off a year plus bank holidays. I worked 2 days a week, so that was right.

4 x 5.6 = 22.4 days minimum. If they make me book 8 days for days I have worked then I will only be physically taking 17 days holiday, obvioulsly 5.4 days less than the legal requirement.

It is double time, this has nothing to do with it according to ACAS. They could pay me quadruple but still cannot take a days holiday off me although I am still working it.

shellsuit

bluenitsuj wrote: »

4 x 5.6 = 22.4 days minimum. If they make me book 8 days for days I have worked then I will only be physically taking 17 days holiday, obvioulsly 5.4 days less than the legal requirement.

It is double time, this has nothing to do with it according to ACAS. They could pay me quadruple but still cannot take a days holiday off me although I am still working it.

My husband sometimes works bank holidays (when he is on call) and when he does, it comes out of his annual leave.

He gets paid his normal 8 hours and then for whatever other hours he works if he gets called out.



Are they telling you to book the time from your annual leave because you get paid double time?

You're getting paid for 2 days work on each BH you work, so you get paid X hours for working the day as you would on any other day, and the other X hours, which is a days worth of holiday.



Hope that makes sense!

paddedjohn

shellsuit wrote: »

my husband sometimes works bank holidays (when he is on call) and when he does, it comes out of his annual leave.

He gets paid his normal 8 hours and then for whatever other hours he works if he gets called out.



Are they telling you to book the time from your annual leave because you get paid double time?

You're getting paid for 2 days work on each bh you work, so you get paid x hours for working the day as you would on any other day, and the other x hours, which is a days worth of holiday.



Hope that makes sense!

your husband is getting shafted, he is entitled to a minimum of 28 days or 5.6 weeks paid leave per year, this can include bank holidays if your employer insists but they cant pay you for not having your minimum entitlement even if they are giving double pay. Therefore if he works a bank holiday for single/double/triple pay or whatever he is still entitled to a day in lieu aswell to make sure he has the full 28 days.
Hope this makes sense .

KiKi

bluenitsuj wrote: »

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?

So your total leave entitlement (AL and BHs) is 25 days. Possibly 24, according to personnel (although I'd round up from .8!).

If you don't work a BH, then this comes out of your total leave.
If you work a BH, you still have a day to take.

It's so simple: how do the personnel department not understand that?

What you're paid for those days is utterly irrelevant to the time off!

KiKi

KiKi

shellsuit wrote: »

My husband sometimes works bank holidays (when he is on call) and when he does, it comes out of his annual leave.

He gets paid his normal 8 hours and then for whatever other hours he works if he gets called out.

Are they telling you to book the time from your annual leave because you get paid double time?

You're getting paid for 2 days work on each BH you work, so you get paid X hours for working the day as you would on any other day, and the other X hours, which is a days worth of holiday.

Hope that makes sense!

Hi shellsuit - your OH is losing out here.

Assuming he gets the minimum (20 days AL and 8 BHs), he is entitled to them all. If he works on a BH, then he has to get another day off in lieu of that BH.

What he is paid is completely irrelevant. The company can pay normal time, double time, triple time - whatever. But he still has to have a day back.

HTH.
KiKi

zzzLazyDaisy

Okay, lets make this easy.

The law says a full time worker is entitled to 5.6 weeks holiday each year, which works out to 28 days off work in each holiday year.

If an employee is NOT required to work bank holidays, then those days off count towards the total 28 days. If the employee is required to work bank holidays, then that is a normal working day and regardless of whether the employee gets paid their normal rate, double time, or whatever, that simply has no bearing on the holiday entitlement - the employee is still entitled to a full 28 days leave from work per annum.

Part-time workers are pro-rata'd.

More information here

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

The only time this might be different is if the employer gives a more generous holiday entitlement. In that case the extra days over and above the statutory 28 days *may* be subject to conditions. That is legal because the employer is not obliged to give those extra days, so it can impose conditions if it wishes. BUT it must still comply with the terms of the contract.

hth

Daisy

KiKi

zzzLazyDaisy wrote: »

hth

Daisy

It always hs!