Working a Bank Holiday

Markw001

Hi all,

I've been trying to find out some information about working on bank holidays and if I'm entitled to a day back in lieu... the info I've been able to find on the internet doesn't really answer the question, so hopefully one of you maybe able to help me?

My contract states I get 21 days holiday a year plus the 8 bank holidays but my job means I have to work some bank holidays on call.

As an example I worked on Easter monday which I got paid the holiday rate plus my callout but as I had to work and didn't get a choice would I still be entitled to the day back in lieu?

I understand that it is a legal requirement to have 28 days off a year as I normally work 5 days a week but if I ended up working more then 2 bank holidays as above then I would only be getting 27 days.

Failing that if I didn't get paid the holiday rate on the bank holiday and just the callout then would I be entitled?

Hopefully I've been able to explain my question fairly well.

Thanks,

Mark

scheming_gypsy

You normally get the holiday back or paid for it, so if you got paid holiday rate then it's unlikely you'll get the day back as well... although it's all down to company policy.

DCFC79

Whats does your contract say

SarEl

It doesn't matter whether you are paid "holiday rate" or not - you are legally entitled to 28 days paid holiday per year and the employer cannot "buy back" these days by paying you for them. Statutory holiday entitlement is a minimum, and must be adhered to by employers. Anything above the statutory minimum can be a matter of company policy, but I believe there is a case to argue for breach of contract if your contract specificies 21 days plus 8 days public holidays and then the employer requires you to work those days. Of course, if you are talkling about having had to work the royal wedding day then you are a bit screwed - that was a ninth public holiday and you are not entitled to it if your contract specifies 8!

Hammyman

Markw001 wrote: »

Hi all,

I've been trying to find out some information about working on bank holidays and if I'm entitled to a day back in lieu... the info I've been able to find on the internet doesn't really answer the question, so hopefully one of you maybe able to help me?

My contract states I get 21 days holiday a year plus the 8 bank holidays but my job means I have to work some bank holidays on call.

As an example I worked on Easter monday which I got paid the holiday rate plus my callout but as I had to work and didn't get a choice would I still be entitled to the day back in lieu?

I understand that it is a legal requirement to have 28 days off a year as I normally work 5 days a week but if I ended up working more then 2 bank holidays as above then I would only be getting 27 days.

Failing that if I didn't get paid the holiday rate on the bank holiday and just the callout then would I be entitled?

Hopefully I've been able to explain my question fairly well.

Thanks,

Mark

There is no automatic right to paid bank holidays off. There is no automatic right to enhanced pay for bank holidays. If the company policy is 21 days plus 8 bank holidays then if you work a bank holiday they have to give you a day off in lieu but not more money.

scheming_gypsy

i've worked 19 years and never knew that you were entitled to the holidays back until today. Whenever i've worked one, i've worked it and been paid double time but never had the holiday back

KiKi

scheming_gypsy wrote: »

You normally get the holiday back or paid for it, so if you got paid holiday rate then it's unlikely you'll get the day back as well... although it's all down to company policy.

Sorry, but this is wrong. (Edit: sorry, just seen you've posted since!)

OP, you are entitled to a day off in lieu if you work the BH, if your contract says 21 + 8.

What you are paid for that day is completely irrelevant.

KiKi

hcb42

It's not always been the case..scheming-gypsy. So I wouldnt worry , many of us are in exact same position (you got the double time)

sounds like OPs company haven't caught on to the times.

What my last company did, and what most have to do now I guess is even if you are not working the BH, you put the holiday form in, and it is deducted from your 28 days. If the OP worked it, then technically they should still have that day left over, but prior to this, if you didnt work BH you had an entitlement of (say) 20 and got paid for BH even though you didnt work them.

OP has not been particularly unfairly treated, in a way, although it isnt legally the best way, but they got the double pay for working. In effect they are treating it like a holiday form has been submitted, (paid) and then asking people to come in and work, or rostering them on...but of course the law has changed, and this doesnt work any more.

scheming_gypsy

hcb42 wrote: »

It's not always been the case..scheming-gypsy. So I wouldnt worry , many of us are in exact same position (you got the double time)

that could be why then, i've contracted for the last few years so i either have barely any holidays or far too many

BYALPHAINDIA

Everydays 'Seems' to be the same in this country Lol !!

Just work WHEN YOU CAN, BH or No BH - As coming from Exp - The carpet can be pulled from under you in a breath!!:beer:

Markw001

Thanks for all the replies...

My contract states 21 days holiday plus statutory Bank Holidays, which I believe is 8 in England.

I guess my employer should be offering us the choice of the holiday rate paid plus my additional payments or just the additional payments and a day back in lieu? Either way the choice should be mine, I plan to talk to my manager about this on Monday.

Cheers