Bank holidays and annual leave

sangie595

rocketqueen wrote: »

Thank you all for your input.

To clarify:

I have never been paid for any of the bank holidays in this role over the 4 years I have been doing it nor did the staff in the role before me (Before this i was in a role that did require me to work them so I of course I got paid.)

No one covers me during the bank holidays as my employer does not require any one to do my role over the bank holidays and will not let me work them.

I have booked all of my holidays at senior management's request already and yes have booked hotels etc for them (all in uk and through sites such as booking.com so have paid upfront.)

I am paid an hourly rate (not salaried) so my payslip just reflects that I was paid less hours.

Payroll Is processed by computer system and It just shows I have not worked the bank holidays, as they have been taken as unpaid, management and payroll have been aware that this is the case and has been the norm for over 10 years (before I had the role.)

Ok then, now I am utterly confused. You don't work bank holidays and you aren't paid for them anyway - so you haven't been taking them as unpaid leave because you would have to normally work the day in order to have unpaid leave!

Are we on the same page as to what salaried means? Do you have fixed hours, the same number every single week? Or variable hours each week? Because if your hours are variable, how does the employer know how many hours holiday you will be due? A year in advance?

Let me be clear, you have paid in full and have no right to cancel or rearrange for every single one of your 28 days leave? And you don't have any insurance (travel insurance can cover UK holidays too)?

If, and only if, you can prove that you had authorisation for the unpaid leave - and frankly, I think that's going to be your problem - then if you can absolutely prove a financial loss that cannot be recovered in any way, then you might be able to claim that loss back from the employer if they authorised that time off. But if you have over claimed leave because your didn't factor in back holidays, that would be complicated to say the least - especially if they then claim that you owe them money from over taken holiday last year, for example. If you can't settle this, you could attempt to sue them for the loss. After which, of course, you will shortly find that you are redundant- assuming they can't find a reason to dismiss you. And most employers can always find a reason areif they motivated to look.

None of this makes logical sense. If you simply don't work bank holidays and are hourly paid just for the hours that you work, your situation doesn't stack up.