working a bank holiday

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

Why did the employee have to rearrange the holiday when it was them according to your OP who asked to work then?

tkwad

ok I will try and reword this as its causing confusion.

In march this year an employer asked an employee to work overtime as and when required and they gave the option of single time pay or time and half in lieu per hour worked. Employee agreed to time and a half. This was a verbal agreement.

The employees contract makes no mention of overtime. The contract states the employee is entitled to all bank holidays as well as normal holidays.

In late march employee was asked to work a bank holiday or the company would be in danger of not meeting contract deadlines. The employee had to rearrange an already agreed holiday to visit with family over the easter period to help meet the deadlines and worked overtime including the bank holiday.

Now towards end of year the employer is arguing the TOIL claimed.

tkwad

Takeaway_Addict wrote: »

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

the employee is entitled to all bank holidays off so is never going to work the contracted hours the week of a bank holiday

tkwad

Funky_Bold_Ribena wrote: »

Working a bank holiday is not overtime.

surely when you are entitled to it off as per contract it is?

tkwad

Takeaway_Addict wrote: »

Why did the employee have to rearrange the holiday when it was them according to your OP who asked to work then?

sorry the employee was asked to work a bank holiday

tkwad

I do apologise for my typing error in OP, it should have read the employee WAS asked to work a bank holiday, have no edited to read correctly.

getmore4less

tkwad wrote: »

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

Neither it is not overtime it is normal time.

the holiday can be taken at another time.

subject to specific contractual terms for working BH.

Note that the statutory holiday entitlement can not be paid.

getmore4less

On a general point for verbal TOIL arrangements.

It really is a good idea to take TOIL for any overtime ASAP and before the normal holiday entitlements are used since these are usually written contractual and cannot be argued away.


Also BH are just pre allocated holidays from the holiday allowance an employer can swap those for other days either specific or floating with the relevant notice or with employee agreement.

ERICS_MUM

tkwad wrote: »

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

I think I'm right in saying that bank holidays are paid even if the members of staff don't work it (if their working hours normally include Mondays). So TOIL of 1.5 is giving you the equivalent of a day's leave - the 7 hours in lieu of working on the Monday and another half day 3.5 hours "overtime", plus wages paid for the Monday.

Does the 7 hours include an unpaid meal break, in which case are you expecting to receive TOIL for that as well ? Best to check.

Re the Saturday - I assume that it isn't normally a working day, so TOIL of 10.5 hours works out the same as for the bank holiday Monday.

I've just read this back and I'm not sure if it makes sense but I'm too tired to re-write it! ??

Rachyk

I'd say it's the 10.5 hours, as by agreeing to time and a half toil then surely you're just swapping one holiday day for 1.5 holiday days?