working a bank holiday

Funky_Bold_Ribena

tkwad wrote: »

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

No. Working overtime is working more hours in a week than you are paid to work.

Bank holidays are a red herring, nobody is entitled to have a bank holiday off, it comes within the legal minimum of 5.6 weeks of leave a year.

He needs to get paid for it, and take a different day off another time.

If he had agreed in advance what he was going to get paid, that would be different. But he can't just assume.

getmore4less

Rachyk wrote: »

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?

he agreement was 1.5 TOIL for OVERTIME.

A holiday is not overtime it replaces normal working time with the same pay for not working.

By your logic the OP could book a weeks holiday, then work it getting 1.5 weeks holiday to replace it.

tkwad

urgh, I really appreciate everyones comments, its so hard to get our heads around! Still causing confusion today...

Its been explained to me like this...
there is an argument regarding 1 days work, the bank holiday....

if the employee didn't agree to work the bank holiday Friday but had agreed to work the Saturday they would have received

1 x day off
1 x day paid (BH)
10.5 hrs TOIL

By working the bank holiday they receive
1 day Paid (BH)
TOIL 10.5 hrs
there is a day missing?

the employees actual holiday entitlement is 28 days AND all bank holidays

Takeaway_Addict

I think now its normal pay and a days holiday to replace the bank holiday they missed. They didn't do overtime and are really just swapping a days work for a days holiday somewhere later on.

getmore4less

tkwad wrote: »

urgh, I really appreciate everyones comments, its so hard to get our heads around! Still causing confusion today...

Its been explained to me like this...
there is an argument regarding 1 days work, the bank holiday....

if the employee didn't agree to work the bank holiday Friday but had agreed to work the Saturday they would have received

1 x day off -> the BH
1 x day paid (BH) -> holiday pay
10.5 hrs TOIL -> for working the Sat OT

By working the bank holiday they receive
1 day Paid (BH) -> for working the BH
TOIL 10.5 hrs -> should only be regular hours it is not OT
there is a day missing? -> no there isn't they got the Sat off

the employees actual holiday entitlement is 28 days AND all bank holidays

The agreement for 1.5 TOIL was for OT working a normal day that was allocated to holiday is just normal time and just does not use the holiday.