Working a Bank Holiday

KiKi

Markw001 wrote: »

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

Usually - but it was 9 this year with the Royal Wedding.

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.

No! They have to give you a day in lieu as per your contract. It is not optional.

What they pay you bears NO RELATION at all to the day in lieu; absolutely none. They can choose to pay you your standard rate if they wish. But what you are paid is down to your contract. If it states time and a half, then it's time and a half. If it states normal time, then it's normal time.

But you do not have an option to choose from - there is no choice. You are entitled to:
* A day in lieu
* The pay for the bank holiday as set out by your contract

There is no 'choice' that should be yours.
KiKi

SarEl

I agree. Your annual leave is a sacrosanct area. You cannot give it up (or not that part which is statutory - which is 28 days). The employer must pay you for working that day, whether you work or not, becasue it is holiday. Any additional amount reflects the "inconvenience" of having to work a day that most people don't - but it is not an "instead of" holiday payment.

And by the way - your OP said that the contract says 21 days plus the 8 bank holidays. You later said it said 21 days plus the statutory holidays. If it is the latter you have 9 of those this year and next! Not 8.

Mrs_Arcanum

The change was put in place to give parity with shift workers & part time workers but it took away enhancements for working a BH. I can choose to work a BH or take annual leave but not both.

KiKi

Mrs_Arcanum wrote: »

The change was put in place to give parity with shift workers & part time workers but it took away enhancements for working a BH.

Not necessarily. Where I used to work the shift workers had a day in lieu AND got triple time. Lucky beggars.

I can choose to work a BH or take annual leave but not both.

Well, you can't do both - you're either at work or you're not!

But as a shift worker, yes, you can choose when you take your 28 days - because all your paid holiday (BHs and AL entitlement) is treated as one. If you choose to work the BH, then you still have 28 days left to take - that's fine.

This is not the same as the OP who has 20 days AL plus 8 BHs. He was being made to work a BH and wasn't being given another day off in return, taking his total paid holiday to 27. This is unlawful.

KiKi

Mrs_Arcanum

KiKi wrote: »

Not necessarily. Where I used to work the shift workers had a day in lieu AND got triple time. Lucky beggars.




Well, you can't do both - you're either at work or you're not!

But as a shift worker, yes, you can choose when you take your 28 days - because all your paid holiday (BHs and AL entitlement) is treated as one. If you choose to work the BH, then you still have 28 days left to take - that's fine.

This is not the same as the OP who has 20 days AL plus 8 BHs. He was being made to work a BH and wasn't being given another day off in return, taking his total paid holiday to 27. This is unlawful.

KiKi

True. DH has worked a 4 on 4 off shift for years and never got extra for BH and had to save annual leave for the Xmas period. There again I got the equivalent of 7.1 weeks this year.