Bank holiday used to make up weekly hours

Tobester62

I am on a 20 hour contract and suspect that a bank holiday is going to be used to make up a week’s shortfall. Ie: I’ll have worked 17 hours but they are going to use it’s bank holiday Monday to make it up to 21. Is this allowed? 

KiKi

I'm not at all clear what you're asking; could you please re-ask the question and be clear about paid / unpaid / what you're asking?

suki1964

Did you work the Bank holiday? If not there are no hours to be taken for use

Bank holidays are not special, you don't get paid them if you don't work, they are part of your holiday entiltlement


So I worked Good Friday, Easter Monday, I will get paid for those, but they are also included in my holiday allowance which is 28 days including bank holidays 

If you are on uneven hours so to speak, like myself, what my employer does is pay my contracted hours each week, then a month in arrears, works out the overtime. So any weeks Im short with hours he deducts those and pays whats left. Is that what your employer does?

Xbigman

To paraphrase the OP's question.
If they work two 10 hour shifts per week and one week they work a single bank holiday at double time, does that fulfill the contracted 20 hours for that week.
I suspect this is one of those questions where the specific wording of their contract is what is going to count.

Darren

General_Grant

Xbigman said:

To paraphrase the OP's question.
If they work two 10 hour shifts per week and one week they work a single bank holiday at double time, does that fulfill the contracted 20 hours for that week.
I suspect this is one of those questions where the specific wording of their contract is what is going to count.

Darren

IF that is the question -
"double time" is really "double PAY for the same time".  So if they worked on the Bank Holiday they only worked those hours.
However you are right in that what their written terms of employment say is what matters.
It would be good if the OP could return to clarify the question.

IF the question was, "If I take the bank holiday as part of my paid leave, do they count towards my contracted hours?"  The answer is yes they do.

General_Grant

suki1964 said:

Did you work the Bank holiday? If not there are no hours to be taken for use

Bank holidays are not special,  you don't get paid them if you don't work, they are part of your holiday entiltlement

So I worked Good Friday, Easter Monday, I will get paid for those, but they are also included in my holiday allowance which is 28 days including bank holidays 

If you are on uneven hours so to speak, like myself, what my employer does is pay my contracted hours each week, then a month in arrears, works out the overtime. So any weeks Im short with hours he deducts those and pays whats left. Is that what your employer does?

Well
if bank holidays are part of your holiday entitlement and you don't work on a bank holiday, you do get paid for them - they are part of your PAID leave.
As you worked Good Friday and Easter Monday you are paid for them as WORKED days and the compensatory time off should be taken at a different time and should be PAID leave.

Tobester62

Thanks for all your replies. I am finding it difficult to explain but I’ll try and clarify. I’ve actually worked 17 hours in a week with a bank holiday. I didn’t work on that particular bank holiday. So I would expect that the employer is still obliged to pay me for 20. Except that they are using the bank holiday to excuse that obligation by saying my hours for the week are 21... as such including 4 hours for the bank holiday. Are they not skirting round contractual obligation by taking it off my annual leave without discussion? Hope that’s clearer. Just to add I did work Easter Friday but do not get double time for such - it’s treated like any other day.

Tobester62

By the way, my contract does not mention this and is vague at best. It refers to the employees handbook which is largely “unavailable”.

General_Grant

What are your normal hours?  Do you work the same number of hours each day you actually work (say, for example, 4.25 hrs per day (including paid breaks))?  (What do your written particulars of employment say you work 20 or 21 hours per week without specifying exactly how those hours are divided?

Did you work the same hours each day or did you work extra hours on one day?
How much holiday do you get in a year?

However, as you didn't work on the Easter Monday bank holiday and your holiday entitlement includes bank holidays then obviously they deduct that particular bank holiday from your annual entitlement (at the rate of the normal hours you would work on a Monday).  If you don't normally work on a Monday then they can't take that off your holiday entitlement.

As you worked on Good Friday (? correct), then you don't have that bank holiday deducted from your leave entitlement.