Holiday entitlement

dave35

Hope someone can help with this as I can't find the answer anywhere
We work a 40 hour week over 4 nights-10 hours a night
We get 160 hours holiday plus bank holidays equalling 224 hours
Problem is when we have a bank holiday off, our employer only gives us 8 hours pay-the other 2 hours are taken from our personal holiday allowance.
Is this legal? As taking 2 hours from us over 8 bank holidays leaves us with just 144 hours a year for holidays.
Hope that makes sense, our contracts have changed as have our hours of late.

Carrot007

40 Hours a week sounds full time to me so you should have 28 days holiday (including BH).

So with 144 hours leftg after BH's that is 144 / 20 = 7.2.

So it all depends oh wheather 7.2 hours is a normal working day at your place, you work odd hours and not a normnal day hence why yours is in hours. Seems a bit low to me. Might be legal but I rarely see anywhere where the working day is lees than 7.4 hours. (which would give your 4 more hours).

Hopefully someone more up on the legal aspect can comment soon.

mcfisco

224 is the statutory minimum so they're giving you all they have to unfortunately

mysk_girl

Seems correct to me. You get paid 10 hours holiday on a bank holiday, for 8 bank holidays a year = 80 paid hours. This, added to the 144 hours you can choose, is 224 hours holiday. Statutory minimum holiday is 5.6 weeks - at 40hrs per week that is 224 - so they are giving you the legal minimum.

mcfisco

sorry, re-read your post

If they only pay you 8 hours for the bank hol, they're short changing you by 16 hrs/year

lazer

I think it is fair

You work 40 hours a week, so get 5.6 weeks holiday (Statutory Minimum) which equates to 224 hours

From what I understand - your employer says that you must take bank holidays (And 8 of them at 10 hours) is 80 hours - leaving you with 144 hours which is 14.4 days.

From a statutory holiday point of view - the holidays are fine - however the wording of the contract may be important

Does you contract state you have 160 hours plus bank holidays?
If it does then no you should not have to use 2 hours from the 160 hours for the bank holiday

Or does it state - 224 hours holidays including bank holidays? - In which case the current calculations are correct.

patman99

I accrue holiday pay where I work at 0.75 days p/week as an agency worker.
The firm I'm on assignment at works a 37.65 hour week with a 1:15 finish on a Friday. Each day is an 8.08 hour day.
When I book a week off, I get paid 4x 8hours + 1x 4hours (The Agency only pays in half/full days of a set size). So get paid a 36 hour week.

However, I don't lose the unpaid 1.65 hours. They get carried-over.

I guess that as the op gets paid 10 hours for a bank holiday, 2 hours of which are from his non-b/h holiday hours, at the end of the year he will still have been paid 224 hours holiday pay.
If the firm paid b/h's as a separate entity from normal holiday hours then they would be paying-out 80 hours over the year, so in effect, the op would be getting an extra 16 hours paid leave if they matched b/h pay to the working day. If the day shift work a normal 8 hour day, then this would be discriminating against them as they would only get paid 64 hours over the year for b/hs.
If they just paid the op for 8 hours, I'm sure he would complain about being 2 hours a week short.

paddedjohn

dave35 wrote: »

Hope someone can help with this as I can't find the answer anywhere
We work a 40 hour week over 4 nights-10 hours a night
We get 160 hours holiday plus bank holidays equalling 224 hours
Problem is when we have a bank holiday off, our employer only gives us 8 hours pay-the other 2 hours are taken from our personal holiday allowance.
Is this legal? As taking 2 hours from us over 8 bank holidays leaves us with just 144 hours a year for holidays.
Hope that makes sense, our contracts have changed as have our hours of late.

You are left with 144 hrs plus the 8x8 for b/h which equals 208hrs, they are robbing you of 16 hrs per year.

Do you actually get paid for a 10hr shift or is it 9 hrs and and hour unpaid dinner?

dave35

paddedjohn wrote: »

You are left with 144 hrs plus the 8x8 for b/h which equals 208hrs, they are robbing you of 16 hrs per year.

Do you actually get paid for a 10hr shift or is it 9 hrs and and hour unpaid dinner?

We work 10.5 hours and get paid for 10 hours