Day In Lieu - Pay will be deducted?

jcbsew

Hi All, I am somewhat confused as to what exactly a day in lieu is!

I have been told I have four days annual leave and a day in lieu to take, however if I choose to take the day in lieu I will be deducted for that days salary? Is this right, or does it just make it unpaid time off?

I am entitiled to the day in lieu as I had a sick note during the second May bank holiday in 2016, so I have accrued a day in lieu from that. However I will be deducted the pay because I have in their words 'already been paid for that day at the time'.

We are given 25 days holiday plus bank holidays as part of our annula leave entitlement.

My understanding of a day in lieu is that it is 'time' owed back to you that you can take but if I say left the company I wouldn't be paid for it (like I would annual leave). So I should be able to take the time off but not be deducted any money from my salary?

Can anyone clarify?

Thanks

getmore4less

tell them if you have been paid as a proper day then by that logic the day in lieu should be paid the same as a sick day.

Undervalued

jcbsew wrote: »

Hi All, I am somewhat confused as to what exactly a day in lieu is!

I have been told I have four days annual leave and a day in lieu to take, however if I choose to take the day in lieu I will be deducted for that days salary? Is this right, or does it just make it unpaid time off?

I am entitiled to the day in lieu as I had a sick note during the second May bank holiday in 2016, so I have accrued a day in lieu from that. However I will be deducted the pay because I have in their words 'already been paid for that day at the time'.

We are given 25 days holiday plus bank holidays as part of our annula leave entitlement.

My understanding of a day in lieu is that it is 'time' owed back to you that you can take but if I say left the company I wouldn't be paid for it (like I would annual leave). So I should be able to take the time off but not be deducted any money from my salary?

Can anyone clarify?

Thanks

As you get more than the statutory entitlement of 28 days holiday the firm can have whatever rules they like regarding the extra five days. You need to consult your employee's handbook or the firm's policies and procedures.

If you only got the minimum statutory entitlement of 28 days in total then it would not be lawful for you to lose a day's holiday as a result of being off sick.

Guest101

Undervalued wrote: »

As you get more than the statutory entitlement of 28 days holiday the firm can have whatever rules they like regarding the extra five days. You need to consult your employee's handbook or the firm's policies and procedures.

If you only got the minimum statutory entitlement of 28 days in total then it would not be lawful for you to lose a day's holiday as a result of being off sick.

Still could be a breach of contract

Undervalued

Guest101 wrote: »

Still could be a breach of contract

Which is why I said

You need to consult your employee's handbook or the firm's policies and procedures.

jcbsew

Thank you for replying!

I don't have my employee policy to hand and they don't store them online, the impression I am given from HR is that I am owed the time in lieu so they are saying I am owed that time, however I don't understand why it would then be deducted from my salary? Surely that isn't time off in lieu, it's just unpaid leave?

My sick leave coincided with annual leave I had booked in so I have accrued those days back, I get full pay for the time I was off, had I not been sick I would have still been paid and had the time off. So is their argument that I have been paid but the time is still owed so I can take it but they won't pay me for the day (can't see the point if that is the case and it surely isn't a 'day in lieu'?)

I think the fact they are calling it 'in lieu' is what is confusing me?

Guest101

Undervalued wrote: »

Which is why I said

sorry didn't read it properly

Tammykitty

Do you get paid for sick leave?

jcbsew

Yes, 12 weeks paid sick leave at full pay.

FBaby

I am entitiled to the day in lieu as I had a sick note during the second May bank holiday in 2016, so I have accrued a day in lieu from that.

Was it a day you were supposed to work, but didn't because you were ill, or are you claiming a bank holiday you didn't work, but because you were ill, you want to claim it as a sick day and therefore get the extra day holiday? The latter doesn't make sense, but it sounds that this is how the organisation is responding.

jcbsew

FBaby wrote: »

Was it a day you were supposed to work, but didn't because you were ill, or are you claiming a bank holiday you didn't work, but because you were ill, you want to claim it as a sick day and therefore get the extra day holiday? The latter doesn't make sense, but it sounds that this is how the organisation is responding.

We don't work bank holidays and we are paid for the day, however I was sick on a bank holiday and my sick is paid.
So have been told that I have a day in lieu I can take but that if I do take it I will be deducted a days pay.

My main query is can it be referred to as a day in lieu if I then have pay deducted from me?

I always thought a day in lieu is time off but still paid?