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

Tunstallstoven

getmore4less wrote: »

Another clarification, do the 3 BH Xmas day,BD,NY ever get worked on the same rules or are these always non working days.

It depends which department you work in. Some work standard Mon-Fri hours and therefore always have them as non-working days. Others work shifts and so these BHs are the same as the others. It is quite possible that a member of staff would work all 8 BHs in a year, especially if they ask to/choose to i.e. they prefer to have the £ than the time).

getmore4less wrote: »

Might be worth raising this with HR/management, the relevent date is 1 April 2009 when statutory holiday increased from 4.8 to 5.6 weeks.

I guess I could, but seeing as it does not effect me (as my basic entitlement is now 29 days without the BHs) I might just wait on rocking that boat until the boat I'm currently rocking has settled down...

Thanks for help

Max

BobQ

In calculating the statutory minimum annual leave an employer can include bank holidays, so legally its compliant.

Have you tried asking your Trade Union if the interpretation of the Trust is fair?

anamenottaken

BobQ wrote: »

In calculating the statutory minimum annual leave an employer can include bank holidays, so legally its compliant.

Have you tried asking your Trade Union if the interpretation of the Trust is fair?

That's true for calculating the holiday entitlement. I don't think that has been disputed.

As I see it, what is being discussed for this employer is that they include the BHs in holiday entitlement but then an employee (not the OP) does not necessarily have the holiday at the BH or at another time because they are "bought out".

Sparklebabey

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.

But so did you! You will get paid your Occ sick pay so will be no worse off.
The fact that you were planning on working to enjoy the triple time pay is just unfortunate that you were sick.

I suspect that you think that as you were off sick on a BH - and are getting paid Occ sick pay - that you think you should be able to take a days holiday another time...kinda like you can't be off sick and on holiday at the same time - am I right?

And of course the answer would be no....essentially no one in your company has to work a BH if they don't want to but if you do then you are rewarded for it. It's like someone else has said...if you are sick on a Saturday then that's just bad luck...but if you are still off sick on the Monday then your employer will pay you sick pay as it's a normal working day.

The BH at Easter sound like 'normal working days' in your company so therefore the usual rules apply.

Hope you are feeling better now:D

getmore4less

Sparklebabey wrote: »

But so did you! You will get paid your Occ sick pay so will be no worse off.
The fact that you were planning on working to enjoy the triple time pay is just unfortunate that you were sick.

I suspect that you think that as you were off sick on a BH - and are getting paid Occ sick pay - that you think you should be able to take a days holiday another time...kinda like you can't be off sick and on holiday at the same time - am I right?

And of course the answer would be no....essentially no one in your company has to work a BH if they don't want to but if you do then you are rewarded for it. It's like someone else has said...if you are sick on a Saturday then that's just bad luck...but if you are still off sick on the Monday then your employer will pay you sick pay as it's a normal working day.

The BH at Easter sound like 'normal working days' in your company so therefore the usual rules apply.

Hope you are feeling better now:D

are you right NO, in the contect you describe, the answer can be yes.

You can have sick paid as a days holiday, some do if they only get SSP.
BH are just employer preallocated annual leave and if you are sick on any holiday you are entitled to a holiday to replace that.

That is not what has been said, workers can be expected to work BH.
There are no rights to BH.

falko89

getmore4less wrote: »

are you right NO, in the contect you describe, the answer can be yes.

You can have sick paid as a days holiday, some do if they only get SSP.
BH are just employer preallocated annual leave and if you are sick on any holiday you are entitled to a holiday to replace that.

That is not what has been said, workers can be expected to work BH.
There are no rights to BH.

I would agree with this, Our holidays are set at various times during the year, Christmas,Easter and the likes, if a bank holiday falls on one of our holiday periods then fine, we didn't get yesterday oFf, nor will we get the bank holiday at the end of May either, There are no rights to a BH

anamenottaken

falko89 wrote: »

I would agree with this, Our holidays are set at various times during the year, Christmas,Easter and the likes, if a bank holiday falls on one of our holiday periods then fine, we didn't get yesterday oFf, nor will we get the bank holiday at the end of May either, There are no rights to a BH

I doubt there is anyone in the UK who will get a bank holiday at the end of May this year.

Tunstallstoven

Sparklebabey wrote: »

But so did you! You will get paid your Occ sick pay so will be no worse off.

Yes and no, in my opinion. Yes I had the days off. No, I would not consider it a "holiday" because I was in a lot of pain.

Sparklebabey wrote: »

I suspect that you think that as you were off sick on a BH - and are getting paid Occ sick pay - that you think you should be able to take a days holiday another time...kinda like you can't be off sick and on holiday at the same time - am I right?

Yep.

Sparklebabey wrote: »

And of course the answer would be no....essentially no one in your company has to work a BH if they don't want to

You do have to work it is you are on the rota to work it. It is not a choice thing.

_____________________________________________________

I spoke to a company who offer employment advice. They were not all that helpful, saying that the area is very "grey". She said I would be perfectly entitled to raise a grievance, but that doing so also has negative implications. She therefore advised me to think carefully before doing so. She did not look at the policies or my contracts, so I did not feel her advice was concrete or definitive.


I had previously spoken to ACAS. They also said it is a grey area and the it is very contract specific. They then added that they cannot give legal advice and will therefore not be able to look at my contract, etc.

Can anyone recommend anyone else who I can go to for advice (and hopefully a definitive answer)? Unfortunately I'm not a member of a union - although I'm definitely thinking of joining one after this (for any future issues).

Thanks for all the replies

Max