Query over extra bank holiday this year

cifpower

I asked my manager last week for clarification on the extra bank holiday this year for the wedding. He said he would email the area manager. An email came back a few days later saying he had sent the query to the HELP legal group and they said as I work 40 hours a week over 5 days I am entitles to 224 hours holiday a year or 28 days. The email went on to say that as my contract says 28 days for holiday I will not get the extra bank holiday as extra holiday (if you know what I mean!)

Anyway, I looked out the "Statement Of Terms And Conditions Of Employment" this afternoon and under holidays it says:

Your holiday entitlement will be calculated in accordance with the working time regulation. A full time employee working five days per week will be entitled to 20 days holiday plus an entitlement to bank holidays

So wise bods, would you say I am entitled to the extra day or not?

Savvy_Sue

cifpower wrote: »

So wise bods, would you say I am entitled to the extra day or not?

On the face of it, I'd say yes you are entitled. But how long have you worked there? How many other people work there? Are they all on the same T&C? If T&C have changed since you started, maybe the managers just haven't realised you are on the 'old' version.

sassyblue

You might need further clarification.... are they saying you can't have the extra day as a bank holiday but it can come out of the remaining days which you take at your leisure? i.e28 days in all, 8 days were bank holidays but now 9 with the wedding, so instead of 20 remaining days for you, you have 19?

I'm an employer and l may need to clarify this, but as far as l was concerned it was an EXTRA day fair and square.

cifpower

Savvy_Sue wrote: »

On the face of it, I'd say yes you are entitled. But how long have you worked there? How many other people work there? Are they all on the same T&C? If T&C have changed since you started, maybe the managers just haven't realised you are on the 'old' version.

I have worked there 1 year 2 weeks

7 other people work there

At the end of my statement it says:

The employer reserves the right to amend the provision of your contract from time to time. If matters included in this statement are altered you will be consulted

I never have been

cifpower

sassyblue wrote: »

You might need further clarification.... are they saying you can't have the extra day as a bank holiday but it can come out of the remaining days which you take at your leisure? i.e28 days in all, 8 days were bank holidays but now 9 with the wedding, so instead of 20 remaining days for you, you have 19?

I'm an employer and l may need to clarify this, but as far as l was concerned it was an EXTRA day fair and square.

The area manager did not say that. He said that I am entitles to 224 hours holiday a year and as a result the extra bank holiday will not be taken into consideration.

But I agree, I do need to clarify this further.

Hammyman

There is no need to clarify it. You are only currently paid bank holidays because they come out of your 28 day entitlement. You can opt to get paid for the wedding but then that would leave you with 19 days to book as you wish rather than 20.

Mudd14

I disagree Hammyman.

As the contract states 20 days plus an entitlement to bank holidays you would recieve the 29th April on top of your 28 days.

Savvy_Sue

Hammyman wrote: »

There is no need to clarify it. You are only currently paid bank holidays because they come out of your 28 day entitlement. You can opt to get paid for the wedding but then that would leave you with 19 days to book as you wish rather than 20.

except that the statement of T&C says 20 days PLUS bank holidays. Normally there are 8, this year there are 9. If it said 28 days then there would be no entitlement.

anamenottaken

I agree with Hammyman.

You quoted your T&C as saying

Your holiday entitlement will be calculated in accordance with the working time regulation. A full time employee working five days per week will be entitled to 20 days holiday plus an entitlement to bank holidays

Calculating your paid leave in accordance with working time regs means that you are entitled to 28 days. The example of someone working five days a week is an example of how that would be worked out in practice. You are entitled to 28 days which, if you want to have the 29 April as one of them or your employer is not opening for business that day and requires you to take it as a holiday, includes the extra bank holiday along with the usual ones.

Savvy_Sue

OK, reading the full post I'd back track and say that was open to interpretation. However if the employer is saying 'no' to the wedding bank holiday, that's how they've interpreted it and you probably aren't going to convince them otherwise.

paddedjohn

Im with HAMMYMAN on this, your contract says 20 days plus an entitlement to bank holidays, it does not say each and every bank holiday and even if it did the wedding is a public holiday and not a bank holiday. At the end of the day its up to your employer.