working a bank holiday

tkwad

can someone please help me as I have confused myself and all my family trying to solve an argument.

Employer asks employee to work overtime, agrees any overtime worked is TOIL at 1.5 times or paid single time

Employee agrees at TOIL

An employee is entitled to all bank holidays off as per contract. These are part of the employees contracted holiday entitlement.

employee was asked to work bank holiday, full 7 hour shift

is the employee entitled to

A/ TOIL as agreed at 1.5 per hour worked and the bank holiday in lieu 7 hours 17.5 total
or
B? TOIL only at 10.5 hours for the 7 hours worked


I think its A for these reasons

entitled to all bank holidays off as per contract.

entitled to TOIL for any overtime worked at a rate of 1.5 hours per hours overtime worked as agreed

By working a bank holiday have lessened contracted holiday entitlement so surely therefore entitled to that day in lieu, also as agreed entitled to overtime at a rate of 1.5 hours per hour worked.
Bank holiday Friday worked 7 hours at 1.5 x = 10.5 hours BUT also bank holiday back in lieu

zagfles

It's down to what the contract says. Does it say anything about payment or TOIL for working bank holidays? What is usual custom? Ask the union?

You're not losing any time off as you're getting TOIL of more than you worked so you won't be losing any leave and so going below the legal min.

bsms1147

There's no fixed rule and it depends where you work. For myself it's mystery option C
C) Normal pay (no overtime), day in lieu

If you are referring to a specific job then ask the boss or look in the contract.

tkwad

zagfles wrote: »

It's down to what the contract says. Does it say anything about payment or TOIL for working bank holidays? What is usual custom? Ask the union?

You're not losing any time off as you're getting TOIL of more than you worked so you won't be losing any leave and so going below the legal min.

nothing in contract was averbal agreement between employee and manager, had the person gone in on the Saturday they would have had the bank holiday off (as entitled too) and also earned the 1.5 times in lieu

anamenottaken

tkwad wrote: »

nothing in contract and a verbal agreement between employee and manager,

Don't what you are trying to ask or say but a verbal agreement is a contract.

(Just seen that you posted a longer message which has been picked up by others.)

Takeaway_Addict

as the employee is requesting this I wouldn't take the p1ss, ask the employer first before doing it and arguing the toss afterwards.

tkwad

Takeaway_Addict wrote: »

as the employee is requesting this I wouldn't take the p1ss, ask the employer first before doing it and arguing the toss afterwards.

Sorry this was done in March this year, the manager has now decided to argue the point and says the employee is actually owing them now! so its the employer takin this p1ss as the employee actually rearranged a holiday with family to accommodate the employer

paddedjohn

As long as the employee gets the minimum entitlement of 5.6 weeks paid holiday per year anything else is up for negotiation unless stipulated in the contract.

Takeaway_Addict

tkwad wrote: »

Sorry this was done in March this year, the manager has now decided to argue the point and says the employee is actually owing them now! so its the employer takin this p1ss as the employee actually rearranged a holiday with family to accommodate the employer

Can you prove the agreement?

From what you have said, if you can it would be 10.5 hours paid with the days holiday back.

At the very worst, 7 hours pay with the holiday back (unless you get more than the statutory holiday)

Funky_Bold_Ribena

Working a bank holiday is not overtime.

Takeaway_Addict

Funky_Bold_Ribena wrote: »

Working a bank holiday is not overtime.

Good point, OP had you worked the contracted hours for the week not including the bank holiday?