4 on 4 off Shift Pattern

Xbigman

Mark636 wrote: »

Bank holidays are irrelevant. You are entitled to the same as any other employed person in the UK. This may or may not include bank holidays but will still remain the same regarding the number of days you are paid to take holiday. If you work a bank holiday, you have not taken the day off and therefore still have that day to use elsewhere. It does not make a difference, you MUST, BY LAW, be given the statutory 5.6 weeks a year. That's 5.6 x 1 day per week = 5.6 days paid holiday a year for someone working one day a week. 5.6 x 5 days per week = 28 days paid holiday per year. Both receive 5.6 weeks paid holiday, it just happens that the former is paid one day that week and latter, 5 days.
You are entitled to 5.6 weeks off paid . I calculate you working hours as:
4 on 4 off = working for 365/2 days per year = 182.5 days
182.5/52 weeks = 3.5096 days worked per week average
3.5096 x 5.6 = 19.65 days paid leave per year
A bank holiday, like any other day of the year, can be used s one of those days. If you DO work a bank holiday then , like any other day of the year, you have not received paid leave for that day and therefore still have that day to use as holiday later on. I hope this makes sense. Essentially, my point is that this calculation is indeed correct

The word in red is, I think, correct. Apart from that I agree. You get 19.65 days of 12 hour shifts off including bank holidays. How your company handles the fraction of a day is pretty much up to them as long as you don't lose out.


Darren

paddedjohn

All that working out for a question asked 2 years ago.

Smodlet

paddedjohn wrote: »

All that working out for a question asked 2 years ago.

:T:rotfl: You can't really blame them; not when you have all the lerts, pj.

xapprenticex

Better late than never

mtnott53

I have a similar issue to this. I work a shift pattern which has recently been changed to 4on 4off including days and nights. They are 12 hours shifts with 1.5hrs total unpaid breaks. The issue is my contract states i am entitled to 25 days holiday per year and on top of that leave i am also entitled to the 8 public holidays off each year, if they fall outside my normal work pattern i get the day back in lieu. My employer is trying to tell me i have to work public holidays but it clearly states i am entitled to them off. Also, if my contract states my holiday allowance in days, i.e 25 days, then surely i am entitled to 25 of my normal working days off? so this would be 25 shifts off, plus the public holidays.

My question is am i correct regarding my leave allowance or does it have to be worked out in hours, my employer is stating i get 25 x 7.5 hours days?
and also can they make me work public holidays when my contract states im entitled to them off?

Any help or opinions on this would be great.

mariefab

For each day of holiday you take you should be paid for the same number of hours as a normal working day.

What was your shift pattern before the change? Was it 5 days/week?

Does your contract specifically state that you will not be required to work on Bank holidays?
If not, what does it say?

Comms69

mtnott53 wrote: »

I have a similar issue to this. I work a shift pattern which has recently been changed to 4on 4off including days and nights. They are 12 hours shifts with 1.5hrs total unpaid breaks. The issue is my contract states i am entitled to 25 days holiday per year and on top of that leave i am also entitled to the 8 public holidays off each year, if they fall outside my normal work pattern i get the day back in lieu. My employer is trying to tell me i have to work public holidays but it clearly states i am entitled to them off. Also, if my contract states my holiday allowance in days, i.e 25 days, then surely i am entitled to 25 of my normal working days off? so this would be 25 shifts off, plus the public holidays.

My question is am i correct regarding my leave allowance or does it have to be worked out in hours, my employer is stating i get 25 x 7.5 hours days?
and also can they make me work public holidays when my contract states im entitled to them off?

Any help or opinions on this would be great.

I think a reasonable adjustment to that would be you were entitled to (assuming a 5 day week) 25+8 = 33 which is 6.6 weeks holiday.


Now you are entitled to less 'days' paid, but the same amount of weeks and the same amount of money.


4 / 4 would means you would get 26.4 'days', but 6.6 weeks, same as before. because you have more days off work unpaid, but the hours are condensed and therefore you earn the same

mtnott53

Hi mariefab, for the bank holidays my contract states-
"In addition you are entitled to the following public holidays where these fall on your normal
working day:
New Year's Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday,
August Bank Holiday, Christmas Day and Boxing Day
Should any of the public holidays listed above not fall within your normal working pattern, you
are entitled to additional day's holiday in lieu."

Before the change my pattern was 4 days, 7off, 4 nights, 3off, 3 days, 1off, 3 nights, 3off repeat. It was a much better pattern as it meant you worked 2 weekends then had 2 off consistently.

Another problem is my contract is completely wrong, my working hours are actually stated as Monday to Friday 9am to 5:30pm with 1hr unpaid lunch. So I actually have nothing clearly stating my new working hours or what breaks i'm actually entitled to.

mariefab

As both your former and new shift pattern add up to 182.5 potential working days you remain entitled to 33 days holiday per year.
I say 33 days because that ^ clause just adds 8 days to your holiday entitlement, it does not give you the automatic right to take those days off.
Bank holidays aren't special. For many employees they are just normal working days.

Your employer is wrong to suggest that you will only be paid for 7.5 hours for each day of holiday.
When you take a holiday your pay should be the same as you receive for a working day. So, in your case 10.5 hours per day. It doesn't matter whether they calculate it in hours or days the result is the same
This is what the relevant legislation states and it's been confirmed by plenty of case law on this particular subject. The reasoning always boils down to; holiday is necessary for employees health and nothing (like lower pay) should deter them from taking it.

Don't worry about what is or isn't in your original written contract. A contract of employment is more than just what was written on a piece of paper. Employers rarely issue a new document every time there's a change so the original can soon become out of date. A contract of employment includes what actually happens over the course of your employment.
You were informed that your working pattern would change to 4 on 4 off, 12 hour shifts with 1.5 hour unpaid breaks, you are now working those shifts so these are your new contracted hours.