What should I be entitled to if sick on a bank holiday?

Tunstallstoven

Hi there

Over the Easter weekend I was due to work both BHs but unable to due to sickness. I have been told that I can claim sickness (as normal) for the two BH shifts but that I do not get anything else. Everyone else in the organisation gets either:

- triple time if they were worked on a BH
- a day off in lieu if they did not work on the BH

So I kind of feel I'm missing out!

I called ACAS for advice and they said that it would be down to the wording and stipulations of my contract. They then added that this is not something they can get involved with (because it is legal work). So I wondered whether anyone here would be able to help me with this one and/or suggest an organisation who would be able to help me?

Many thanks

Max

Wyndham

I think it's one of those unfortunate things. If you worked Monday to Friday and were sick on a Saturday you wouldn't get anything, even though you would have lost a day of your weekend. I think it's the same idea.

scooby088

If you didn't work then you'd only get sick not the enhanced pay rates.

Tunstallstoven

Thanks guys for the input.

So would you say your answers are universal and that it does not depend on contract terms?

getmore4less

How are holidays worked out and allocated?


In a workplace where you get statutory minimum holiday and don't normaly work BH using holiday you should get the holiday day back at another time.

fannyadams

you were rostered to work and didn't becuase you were sick so presumably someone else had to cover your work?
I'm afraid to say that you would only get paid sick if it's in your contract, and also sorry to say that it would most likely be paid as if you were sick on a normal (i.e. non BH Monday) Monday.
Also, you are unlikely to get the day off in lieu as you didn't actually work it. the time in lieu thing is usually because you've worked at a time that you would usually be off.
Sorry to be a bearer of bad news.
FA
xx

Tunstallstoven

If it's ok with you guys and you don't mind helping, perhaps it would be easiest if I quote the relevant parts of my contract, policies and procedures and add them to the thread. That would be really helpful and I'd be most grateful.

fannyadams wrote: »

you were rostered to work and didn't becuase you were sick so presumably someone else had to cover your work?

Yes, that's right.

fannyadams wrote: »

sorry to say that it would most likely be paid as if you were sick on a normal (i.e. non BH Monday) Monday.

That's what I expected. As much as I would love to claim triple time for the time I was off sick, I did not think I would be able to. It's unfortunate that I lost out on 32 hours pay that I was expecting to get by working the holiday, (triple time gives and additional 16 hours for the Friday and same for the Monday) - and my finances have suffered for that month as a result. But that's the way it is and I accept that.

fannyadams wrote: »

Also, you are unlikely to get the day off in lieu as you didn't actually work it. the time in lieu thing is usually because you've worked at a time that you would usually be off.

Perhaps I worded that wrong in the OP or got it wrong altogether! The people who do not work the BH get paid for the day. So they have the day off from work, but still get paid.

And I guess that's the angle I'm looking at it from....

Wyndham

But you did have a day off from work, and did still get paid. You were sick, so it was sick pay, but you've not actually lost out have you? Other than for the triple time (which some of us can only dream of, by the way!)

LittleVoice

Max_Dread wrote: »

The people who do not work the BH get paid for the day. So they have the day off from work, but still get paid.

The people who did not work the BH and got paid, got paid because it was part of their paid holiday entitlement.

As you were rostered to work, it was not part of your holiday entitlement. If you were paid for those two days and that was all the time you had off work for sickness, then you are lucky that your occupational sick pay scheme covers this.

Those who receive only SSP would receive no pay in such circumstances.

getmore4less

LittleVoice wrote: »

The people who did not work the BH and got paid, got paid because it was part of their paid holiday entitlement.

As you were rostered to work, it was not part of your holiday entitlement. If you were paid for those two days and that was all the time you had off work for sickness, then you are lucky that your occupational sick pay scheme covers this.

Those who receive only SSP would receive no pay in such circumstances.

You may be right but there is insufficient information to be sure.

They may be buying out the holiday with the triple time.


So it comes back to how the holidays are worked out and what holidays are used up on BH'. THe OP may be owed a day off.

LittleVoice

getmore4less wrote: »

You may be right but there is insufficient information to be sure.

They may be buying out the holiday with the triple time.


So it comes back to how the holidays are worked out and what holidays are used up on BH'. THe OP may be owed a day off.

If the OP had been due to be on holiday on the BH, then being sick (as long as employer was informed in accordance with sickness absence procedure) should mean the day be replaced with another BUT she was not due to be on holiday. I know of nowhere where you get a day's holiday for being sick on a working day.