Are everyone entitled to bank+public holidays?

KiKi

I posted that tongue in cheek...

KiKi

butyourwarm

hi all came across this thread and hopefully can get some clarification on a situation we have at work.

this year and last year our company suspended our normal rota and put all staff on mon-fri for 2 weeks commencing 26th dec.(last year sun-thurs).normal working hours 44hrs pw 6 days over 7,every sat off with a day of in the week rotating(sun,mon,tues,wed,fri).we normally get 25 days hols plus xmas day and new years day plus allowed to book 1 more day providing it is a BH(28 total).if rota`d to work on BH then we would get double time or if it fell on our day off then we would get a days pay.

with xmas day and new year falling on a sun this year the argument we have is that we have lost out on our normal rota`d day off(mine would have fallen on tues and wed for eachweek suspended) being replaced by one of our entitled annual holiday.we are expecting either a days pay or day in lieu for both sundays as compensation for losing our day off.we will be paid double time for all BH worked over xmas.

now when i asked wages about this in nov it was confirmed in front of a senior boss that we would get lieu days.i asked for this to be put in writing but nothing happened.now the week before xmas we are still no wiser.the company is now saying they are not sure whether we will get anything at all and it needs to be discussed next week by someone in HR.

are we correct in our thinking?last year with the same situation we got paid 1 1/2 times for the day off we lost so why not this time?

thanks

dave

SarEl

I have had to read this several times - some grammar, a few sentences and a full stop or two would have been really quite helpful.

What days have you actually worked / will you work this week and next? If you have worked all of them and your contract specifically states that you do not work Christmas or New Years Day (that these are part of your 28 days entitlement) then I agree that you are a two days short on your leave entitlement. At least I think so. But given the convoluted explanation in bad English on the day after most of us had a drink or two last night - I may have misread the question!

Xbigman

KiKi wrote: »

'Fair enough' because it gave you an advantage, though! Not fair enough to everyone else! If you were doing 1 day a week is that the same? Still 8 days BHs?




Yes, your argument in '3' was right.

By reducing your working hours, your WHOLE entitlement to paid holiday (AL and BH) is reduced in terms of hours - but not days, as you are working the same number of days.

However, you shouldn't have the full 'BH' amount in your total paid leave, that's still wrong, unless your company run a policy of allowing part timers to claim more BHs than full timers, which isn't advisable...
FTE = 33 days total paid leave
You = 26.4 days total paid leave

You're currently getting 28. Your employers don't sound particularly savvy enough to understand this, though!

KiKi

OK, thanks.

You mentioned it not being fair I get extra bank holidays because of my 4 day shiftpattern. It depends on the 4 days really. I work every sat/sunday night for the same pay as mon/fri nightshift workers. There's loads of different shift patterns where I work and they all have different pro's and con's. As I'm typing this I just got out of bed having worked the new years eve night shift. Sucks or what?

butyourwarm

SarEl wrote: »

I have had to read this several times - some grammar, a few sentences and a full stop or two would have been really quite helpful.

What days have you actually worked / will you work this week and next? If you have worked all of them and your contract specifically states that you do not work Christmas or New Years Day (that these are part of your 28 days entitlement) then I agree that you are a two days short on your leave entitlement. At least I think so. But given the convoluted explanation in bad English on the day after most of us had a drink or two last night - I may have misread the question!

yes, a drink or two may have caused the slightly overcomplicated way i have written it too:beer:
ok last week we worked mon to fri and will also work mon to fri this week coming.our days off were transferred to xmas day and new years day.rotas will go back to normal as of sunday 8th where i will have to go in and my day off will go back to fri 13th.

SarEl

butyourwarm wrote: »

yes, a drink or two may have caused the slightly overcomplicated way i have written it too:beer:
ok last week we worked mon to fri and will also work mon to fri this week coming.our days off were transferred to xmas day and new years day.rotas will go back to normal as of sunday 8th where i will have to go in and my day off will go back to fri 13th.

Well in that case I think you are correct. Effectively it seems to be that your employer only recognises two days a year as closures, and those are compulsory holidays for all employees. Since they varied the shift pattern and you get two days off per week (I think!) then you are in the same position as any other Mon - Fri worker. Otherwise they would have had to treat one of the days this week as "Christmas day", and close a further day this week. But it's a convoluted way of working too. I suppose the simplest answer is if the holidays you have taken and the ones you have left add up to 26, then they have some working out to do!

You don't happen to work in a distillery do you? It's just that I happen to know a few of them have this strange closed on Saturday and work the other five out of six days of the week, which I have often found distinctly odd in Scotland since it's an old working pattern and clashes with Sunday!

butyourwarm

i work for a food distributor delivering for the likes of bk,kfc,pizza hut,nandos and green king so shift patterns are like that due to customer demands.we`ve said for ages the pattern is outdated and have even come up with a 12hr shift pattern that would work very well but nothing has ever come of it.the company introduced a "flex" system a couple of years ago which when it originally started was to cover sickness and out of control situations.lately though it seems to be used for our working hours where they can make us stay for up to 2hrs after our shift ends(alreadyt a long day as we work 7-4.20).for the last 6 months we`ve prob averaged 6-8 hours a week extra which we dont get paid for straight away as its set over a 6 month period.this flex that is banked is usually chipped away by the company on the odd days that its quiet but usually by only 20-30 mins at a push,def not the 2 hours they make us stay on:mad:

butyourwarm

company are now saying that if someone has had a normal rota`d day off on a BH last year then they will not be entitled to any extra days as they have been paid extra for that day?we get roughly an extra £50 for being off on a BH.i`m of the understanding that a company does not have to pay any extra(ours does)for BH`s by law and that being paid should not interfere with how many days holidays we are entitled to.

is this correct?

cheers

KiKi

butyourwarm wrote: »

i`m of the understanding that a company does not have to pay any extra(ours does)for BH`s by law and that being paid should not interfere with how many days holidays we are entitled to.

is this correct?

cheers

Yes, that's correct. If they choose to pay you extra that's up to them. But you must still have the stat min of 28 days a year PAID leave a year, and any contractual entitlement.

They can't pay you extra for working a BH then say you can't have a day off in lieu. It's not either or. Unless, of course, you have a contractual agreement on that which is over and above the 28 min paid holiday.

Kiki