bank holidays

snout71

i work in a bookies, by law i understand i am entitled to 28 days holidays (work 5 days a week)

we get 4 weeks (20 days) and when we work a bank holiday we get an extra day off, BUT our rota is changed every week and it turns out that next week i have monday and friday off which are both bank holidays (i did not ask for them days) is it right that i lose entitlement to the extra days off???

liney

The fact that you get a day in lieu if you work a Bank Holiday surely means that you expect to be 'on holiday' on a Bank Holiday unless specifically asked to work.

Plus you state you get 20 days holiday, which implies your contract says the other 8 days are the fixed Bank Holidays.

snout71

to be honest with you, he keeps changing the company rules to suit him, we do not have a written contract. we used to get time and a half in years gone by but that was when holidays were less (was it 25 days back then)

he says that we get 4 weeks holidays, then the odd day off here and there to make up the 28 days holidays, but now he says if we dont work the bank holiday then we are not entitled to the extra day.

we work 5 days a week and next week i am working 5 days, my two days off are the 2 days bank holidays. surely those 2 days off is just like a normal working week, its not my fault that he has rota'd me to be off for those two days?

MrsManda

As far as I am aware your employer can state when you take your holidays providing that you get at least your statutory requirement and they give you notice which at least twice as long as the holiday requested. For example if they want you to take Friday off they have to have told you on Wednesday at the latest.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

But I'm sure someone versed in employment law will be able to tell you the legalities as I may have misunderstood.

chloebug

You are entitled by law to 28days holiday a year which can include bank holidays. It can be difficult to work out if you do odd shifts or work part time but your employer must provide you with the appropriate holiday so for example I work 30hrs with friday as my day off, so today is my normal day off but also a bank holiday and my office is closed. So that I am not treated detrimentally I will receive the hours back (think about 6hrs for me pro rata) which I can use at another time. HTH

cheepskate_2

snout71 wrote: »

we work 5 days a week and next week i am working 5 days, my two days off are the 2 days bank holidays.

I take it next week you are working Tues, Wed, Thur, Sat and Sun.

If this is the case then you would be due the 2 bank holiday days( Mon + Fri) to take at another time.

If on the other hand you only work 3 days next week and have the Mon and Fri off(assuming you work M-F) , then you will not be due them as you will have had them off.

cheepskate_2

Found this :
Bank and public holidays

You do not have an automatic right to take bank or public holidays off work, with or without pay. This will depends on your employment contract.
Your employment contact may say that you have the right to statutory holidays or it may not say anything about contractual holidays or statutory holidays. In these cases, your employer can:

• ask you to work bank or public holidays, or
• give you bank and public holidays off without paying you for them. In this case, you won't lose your right to take your full statutory holiday at some other point, or
• give you bank and public holidays off and pay you for them but ask you to count them towards your statutory holiday entitlement, or
• do a combination of all of these.

Without a contract, you only have verbally what he says to go on.

zzzLazyDaisy

This is making it much more complicated than it needs to be.

You work 5 days a week. This means in law you are entitled to 28 days' paid holiday during the company holiday year.

So the starting point is, when does the holiday year start? This is important because some companies start the holiday year in January, some at the start of the financial year in April, and others at other times.

Then you need to calculate how many days leave you have taken, and how many bank holidays you have had off during a normal 5 day working week (if you didn't work a bank holiday but instead worked 5 other days in the week, then the bank holiday was just a normal day off, and doesn't count as a paid holiday).

Doing it this way will tell you how many statutory paid holidays you have left to take this holiday year.

Re your contract - your employer has a legal duty to provide a written statement of you basic terms of employment (place of work, hours, wages, holidays, disciplinary and grievance procedures, and certain other information) within two months of starting work. Unfortunately the law is toothless in this area as there is no avenue of complaint or redress unless you are making a complaint to an employment tribunal on other grounds, in which case you can add on a claim for failure to provide written t&Cs

brian_723

It is simple you are entitled to 28 days holiday per year pro rata .if the week of the bank holiday you are not due to work on that they it will make no difference as you will still of acrued or be acrueing 28 holiday per year so you just use the holiday when you want it ,.

Russe11

Maybe you could jump ships to one of the bigger firms?

I have friends that work in bettingshops, they love it, because they are open 7 days a week from 8-930 they tend to work just 3 days a week and at worst 3.5 days, so they are never stuck on a 5 day week and have more days not working than they do working as if they had a 9-5 job, they can sit and watch what ever is on sky sports all day which suits as they are into sport. I gather its not such a pleasent job in cities with higher crime rates and being sat behind a glass screen and so idiotic customers, but where I live they are smoke free nice clean air conditioned work places. If you are stuck in a grotty independant then maybe its different?

snout71

cheepskate wrote: »

I take it next week you are working Tues, Wed, Thur, Sat and Sun.

If this is the case then you would be due the 2 bank holiday days( Mon + Fri) to take at another time.

If on the other hand you only work 3 days next week and have the Mon and Fri off(assuming you work M-F) , then you will not be due them as you will have had them off.

indeed, am working tues,wed,thurs,sat and sun

many thanks guys, i though he was wrong but you know when you are not 100% sure