Bank Holiday Entitlement

LushesFaith

So me and my friend work for the same national company in different cities. What we have worked out and both HR's have confirmed that someone who works on a Monday automatically has their Bank holidays deducted from their annual leave. However if you do not work on Monday you are given holiday allowance for the Bank holidays even though you do not work Mondays. Effectively Person In Every Monday has less holidays than Person Never Working Mondays. Yet they work the same hours.

I know its normal for Bank holidays to be taken from your allowance. Its lawful. But is it normal for someone who never works on a Monday to be given extra time off even though they always off on that day. Therefore having more holidays then the person who works mondays.

HR says Bank hols can be complicated but I don't get it . Anyone work in HR can explain it better please

Savvy_Sue

You each have the correct no. of days' holiday according to how many days you actually work.

However, those who usually work Mondays get less choice about which days they can take off.

In concrete terms: I have some colleagues working 3 days pw, M Tu W. And some colleagues working 3 days pw Tu W Th. Once we've deducted bank holidays from the first lot, they appear to have less leave than the other lot, but actually it's the same, they just have less choice about when to take it.

JReacher1

If the holiday allowance is the minimum legal amount then they cannot count BH’s as part of that allowance on people who do not work BH.

Therefore if you work BH’s normally it can count as part of your yearly holiday allowance. If you do not work BH’s then it cannot and extra days will be given to that person to make sure they are given the legal amount of holiday days.

Comms69

JReacher1 wrote: »

If the holiday allowance is the minimum legal amount then they cannot count BH’s as part of that allowance on people who do not work BH.

Therefore if you work BH’s normally it can count as part of your yearly holiday allowance. If you do not work BH’s then it cannot and extra days will be given to that person to make sure they are given the legal amount of holiday days.

Just consider bank holidays; days where your employer is telling you to take leave.

mariefab

"...someone who works on a Monday automatically has their Bank holidays deducted from their annual leave."

Are you saying that, for example, someone who worked on the recent August Bank holiday Monday would have one day deducted from this year's remaining holiday entitlement ?

Savvy_Sue

mariefab wrote: »

"...someone who works on a Monday automatically has their Bank holidays deducted from their annual leave."

Are you saying that, for example, someone who worked on the recent August Bank holiday Monday would have one day deducted from this year's remaining holiday entitlement ?

It's not clear to me whether they are saying that someone who did NOT work on that BH Monday had the day deducted from their leave - which is clearly correct - or that someone who DID work that Monday had the day deducted from their leave, which is clearly wrong.

Depends whether working on Bank Holidays happens or not. With us, we don't work BHs, and we don't normally work for the few days between Christmas and New Year, so all those days are taken off our leave entitlement. If you DO work a BH for some reason, or you want to come in between Christmas and New Year, you put in a leave cancellation request to get the leave re-credited.

vegasvisitor

Think about it this way. If you only work 4 days (ie 0.8 contract)

If you don't usually work a Monday, then on the bank holiday weeks you will still work 4 days.

If you usually work a Monday, on bank holiday weeks you will work 3 days.

Both people would be paid the same, so obviously it wouldn't be correct if they had the same amount of holidays. Someone with a Monday off would be entitled to 80% of the bank holidays added to their accrual (assuming there are no Friday holidays). Someone with any other day off would have to work back 20% of their public holiday allowance.

PasturesNew

People who work Mondays get no different holiday allocation - it just means they're "told" to have those days as holiday, as opposed to people who work other days being able to choose which day they have off.

Across a year, there aren't many that are Monday, so it's not the full eight. This year:
1 January = Monday

Easter = Friday & Monday

Early May Bank Holiday = Monday

Late May Bank Holiday = Monday

August Bank Holiday = Monday

Christmas/Boxing Day = Tuesday/Wednesday

So this year 5/8 days off Monday workers were told they had to have that day off... whereas Thursday workers had five days they could choose.

tizerbelle

They're not getting more holiday allowance, they just get more choice over when to use that allowance.

If full time Mon to Fri gets 30 days including bank holidays (just for ease of calculation)
A Mon to Wed worker gets 18 days including bank holidays
A Wed to Fri worker also gets 18 days including bank holidays

But the Mon-Wed worker is "told" when to take 5 days of holiday, leaving them with 13 days to choose.
The Wed-Fri worker is "told" when to take 3 days of holiday, leaving them with 15 days to choose.

At the end of the year they will have both received exactly the same amount of paid holiday as each other

Kayalana99

I was reading that worker 1 is having her holiday taken off her if she works Monday (so in other words, she is forced to use her holiday entitlement on bank holidays)

Worker 2 is not supposed to work Monday's, but actually gets paid for working a Monday even though they are not there, but doesn't lose holiday.

If that is correct, it seems the mistake is paying worker 2, for a shift they are not in for?

LushesFaith

mariefab wrote: »

"...someone who works on a Monday automatically has their Bank holidays deducted from their annual leave."

Are you saying that, for example, someone who worked on the recent August Bank holiday Monday would have one day deducted from this year's remaining holiday entitlement ?

Yes. The person working Mondays has the Bank hol monday automatically deducted from allowance. The person who does not work monday is given an allowance to include bank holidays although they do not work it. HR have confirmed this