What is a day off

hobknob

I work 4on4 off 12hr shifts, I can calculate my legal entitlement off to 19.6 x 12 hour shifts holiday entitlement which is fine with my bank holidays. But my contract states I am entitlement to 25 'days' off plus all bank holidays on top. If I am getting 19.6 shifts off is the company breaching the contract?


Legally what is a 'day off' classed as? Is it classed as a shift so I should get 25 shifts off, plus bank holidays on top, or is a day classed as 9-5? If someone can find me an official source that would be great I have tried to search but cannot seem to find the answer.

Brynsam

A day is a period of 24 consecutive hours. Even employment law hasn't managed to change that!

elsien

I'd be calling a day the uninterrupted 24 hours from midnight to midnight.
That's not a legal opinion, but it's what most people would think of as a day.
If I had a shift cutting into that at either end, even if the time off is the same, it wouldn't feel like a day off.

trailingspouse

This was an issue for my ex, who used to work 12 hours shifts. 2x 12 hour days (7am to 7pm) followed by 2x 12 hour nights (7pm to 7am). The day after his last night shift was counted as a day off - even though he'd worked the 7 hours from midnight to 7 on that day (which is basically the length of a 'normal' working day). Add in the fact that following a 12 hour night shift he needed to sleep, and it didn't feel like much of a day off!!

getmore4less

hobknob wrote: »

I work 4on4 off 12hr shifts, I can calculate my legal entitlement off to 19.6 x 12 hour shifts holiday entitlement which is fine with my bank holidays. But my contract states I am entitlement to 25 'days' off plus all bank holidays on top. If I am getting 19.6 shifts off is the company breaching the contract?


Legally what is a 'day off' classed as? Is it classed as a shift so I should get 25 shifts off, plus bank holidays on top, or is a day classed as 9-5? If someone can find me an official source that would be great I have tried to search but cannot seem to find the answer.

4on4off is a 3.5 day week

statutory would be 28*3.5/5=19.6

if they mean full timers get 25+BH=33 and shift workers get prora then 33*3.5/5 = 23.1 shifts.

What holiday do you get and how have you been told that is calculated?

paddedjohn

I work similar shifts which equal 3.5/5ths of the week and am entitled to a min of 19.6 days off, I work permanent nights and in our case a day is taken to mean a shift