Holiday entitlement - is this right?

Ash_Pole

I work in a bar and am paid by the hour.

I have a contract for 40 hours a week. The contract states that I am entitled to 20 days holiday per year plus the 8 bank holidays. So this makes the 28 days leave I'm entitled to by law.

So far so good.

But it also says that I may be required to work on a bank holiday, and if I am I will be paid at double time.

I'm usually working on all the bank hols (my choice). So over the course of a year, I'm only actually taking 20 paid days leave, but effectively getting paid for the other 8 that I don't take.

So am I losing out here? I can't quite get my head around it!

getmore4less

Thing is bar work tends to far from "normal" so there may be other factors that effect the legal situation.

Do you work 5 or more days a week

What sort of shift patterns.

What do you get paid when on holiday.

paddedjohn

the law requires that you have a minimum of 5.6 weeks leave per year, in your case this is 28 days, your employer cant pay you extra cash in lieu of holidays so if you get double or even treble time for working bank holidays they cant take any of your minimum entitlement off you as well.
In brief if you work a bank holiday you are entitled to another day in lieu

elsien

paddedjohn wrote: »

In brief if you work a bank holiday you are entitled to another day in lieu

That sounds about right to me as well. I work in residential care and have to work some bank holidays - (not optional for us) and we always get another day off instead.

getmore4less

paddedjohn wrote: »

the law requires that you have a minimum of 5.6 weeks leave per year, in your case this is 28 days, your employer cant pay you extra cash in lieu of holidays so if you get double or even treble time for working bank holidays they cant take any of your minimum entitlement off you as well.
In brief if you work a bank holiday you are entitled to another day in lieu

You cannot know that without knowing the work patterns.

28 days only applies to working weeks of 5 days or more.

paddedjohn

getmore4less wrote: »

You cannot know that without knowing the work patterns.

28 days only applies to working weeks of 5 days or more.

Did you not read the op post? the op clearly says that their contract states they get 20 days plus 8 bankholidays, i make that 28 days;)

getmore4less

paddedjohn wrote: »

Did you not read the op post? the op clearly says that their contract states they get 20 days plus 8 bankholidays, i make that 28 days;)

Yes, but the statutory holiday requirement could well be less(depending on work patterns) and if that is the case they can subsitute holiday for double pay on the surplus.

hcb42

all that would happen in reality is the rotas would be drawn up, and those not working them would be marked down as a holiday.

OP the way you are describing it you are getting exactly what you would have got before the changes in legislation so I dont think you are missing out here - if you are volunteering to work. If you didnt you would have the 28 days off (based on 5 days week)

paddedjohn

hcb42 wrote: »

all that would happen in reality is the rotas would be drawn up, and those not working them would be marked down as a holiday.

Op the way you are describing it you are getting exactly what you would have got before the changes in legislation so i dont think you are missing out here - if you are volunteering to work. If you didnt you would have the 28 days off (based on 5 days week)

but holidays cant be bought out, you must be given the oppertunity to take at least your minimum entitlement, the company cant just give you double time and still take a days leave off you.

KiKi

I'm assuming you work five days a week.

If you work a BH, then you are entitled to a day in lieu. The 28 days for a full time person is a legal minimum and he can't get around that.

Don't confuse the issue by putting the money aspect in. You have no right to extra pay on a BH, so if you do get it, it's your manager's choice. But he can't give you money instead of a day off. The pay is a completely separate and irrelevant issue.

KiKi

kingfisherblue

Off topic, but I just wanted to say that I love the wording at the bottom of each of Kiki's posts (about the apostrophe). I'm glad that I'm not the only person who becomes frustrated with incorrect usage.