Bank Holiday calculations - Am I being short changed.

Masomnia

squ1rrel5 said:

Thanks for your responses. I've done a few calculators online today and they all say I'm entitled to 16.8 days as a legal minimum if I work 3 full days a week. 
I'm obviously expected to use the extra days on bank holidays but as there aren't any I'm guessing that's not my problem and I get to use the days whenever? But that  could mean that on another year that I have to take 3 days out of my allowance if the Christmas bank holiday fall on my working days.
I think it's clearer in my head today! Just wanted to have something to back me up if the boss tries to say I'm only allowed the 12 days. 

Yes so you are entitled to 17 days annual leave. One of which will be 1st January. Leaving you with 16 days to take when you like, subject to company policy.

You're a good case in point for why so many employers get this stuff wrong and say you get 3/5 of 20 days off, is 12 days annual leave and BHs off if applicable; which would leave you massively short changed. 

Masomnia

Incidentally next year will be the same. 17 days entitlement, 1 day taken for Boxing Day, the rest for you to book according to company policy.

moley72

Can anyone advise.
I work for a local authority and am salaried for 30 hours per month. My working week includes working Mondays as this is specific for the service needs but if I worked elsewhere in the authority I could work different days and potentially not work Mondays at all. 
I currently work over the average working daily hours on a Monday = 10 hours however when there is a Bank Holiday I am only paid for the average hours per week ie:  30 hours per week  divided 5 =  6 hours.
 Over April and May this year I have lost over £30 per month in reduced wages because of the Bank Holidays which as a low paid worker is a lot.
Conversely, if an another employee's working week does not include Mondays they will receive a either a pro rata payment for the Bank Holiday/or time in lieu so they 'don't miss out on their Bank holiday entitlement'.
For example: A part time colleague who only works 17.5 hours per week and never on a Monday can either be paid for 3.5 hours or take time in lieu.
I have queried the differences and wonder if it is discriminatory but the powers that be claim this is a fair way of working out BH entitlement for all employees.
What confuses me the most is I am a salaried worker but end up being down on pay whenever a Bank Holiday Monday is in the month and I cannot fathom how this is possible ( and there are more Monday Bank holidays than others so yearly it has a big impact). I did not set the rota or indeed my working week and accepted the role as a salaried position based on a 30 hour week working week.
Obviously I don't want any more pay I just want to receive the same salary per month whether there is a Bank Holiday or not.
Can anyone offer any advice or help understanding whether this is fair. 

LittleVoice

moley72 said:

Can anyone advise.
I work for a local authority and am salaried for 30 hours per month. My working week includes working Mondays as this is specific for the service needs but if I worked elsewhere in the authority I could work different days and potentially not work Mondays at all. 
I currently work over the average working daily hours on a Monday = 10 hours however when there is a Bank Holiday I am only paid for the average hours per week ie:  30 hours per week  divided 5 =  6 hours.
 Over April and May this year I have lost over £30 per month in reduced wages because of the Bank Holidays which as a low paid worker is a lot.
Conversely, if an another employee's working week does not include Mondays they will receive a either a pro rata payment for the Bank Holiday/or time in lieu so they 'don't miss out on their Bank holiday entitlement'.
For example: A part time colleague who only works 17.5 hours per week and never on a Monday can either be paid for 3.5 hours or take time in lieu.
I have queried the differences and wonder if it is discriminatory but the powers that be claim this is a fair way of working out BH entitlement for all employees.
What confuses me the most is I am a salaried worker but end up being down on pay whenever a Bank Holiday Monday is in the month and I cannot fathom how this is possible ( and there are more Monday Bank holidays than others so yearly it has a big impact). I did not set the rota or indeed my working week and accepted the role as a salaried position based on a 30 hour week working week.
Obviously I don't want any more pay I just want to receive the same salary per month whether there is a Bank Holiday or not.
Can anyone offer any advice or help understanding whether this is fair. 

That doesn't sound like a salaried position.

Undervalued

moley72 said:

Can anyone advise.
I work for a local authority and am salaried for 30 hours per month. My working week includes working Mondays as this is specific for the service needs but if I worked elsewhere in the authority I could work different days and potentially not work Mondays at all. 
I currently work over the average working daily hours on a Monday = 10 hours however when there is a Bank Holiday I am only paid for the average hours per week ie:  30 hours per week  divided 5 =  6 hours.
 Over April and May this year I have lost over £30 per month in reduced wages because of the Bank Holidays which as a low paid worker is a lot.
Conversely, if an another employee's working week does not include Mondays they will receive a either a pro rata payment for the Bank Holiday/or time in lieu so they 'don't miss out on their Bank holiday entitlement'.
For example: A part time colleague who only works 17.5 hours per week and never on a Monday can either be paid for 3.5 hours or take time in lieu.
I have queried the differences and wonder if it is discriminatory but the powers that be claim this is a fair way of working out BH entitlement for all employees.
What confuses me the most is I am a salaried worker but end up being down on pay whenever a Bank Holiday Monday is in the month and I cannot fathom how this is possible ( and there are more Monday Bank holidays than others so yearly it has a big impact). I did not set the rota or indeed my working week and accepted the role as a salaried position based on a 30 hour week working week.
Obviously I don't want any more pay I just want to receive the same salary per month whether there is a Bank Holiday or not.
Can anyone offer any advice or help understanding whether this is fair. 

There is no legal entitlement to bank holidays! (there may be a contractual entitlement).

Your legal entitlement is to 5.6 weeks holiday a year (28 days) if full time, pro rata if part time. Your employer can dictate when you can and cannot take your holiday, So, if your work is closed on a bank holiday, in effect your employer has told you to take that day as holiday and it is one day off your entitlement.

It is unlawful to treat a part time employee less favourably than a full time employee simply because they are part time. However it may be lawful to treat them less favourably for other reasons!

LittleVoice

Undervalued said:

moley72 said:

Can anyone advise.
I work for a local authority and am salaried for 30 hours per month. My working week includes working Mondays as this is specific for the service needs but if I worked elsewhere in the authority I could work different days and potentially not work Mondays at all. 
I currently work over the average working daily hours on a Monday = 10 hours however when there is a Bank Holiday I am only paid for the average hours per week ie:  30 hours per week  divided 5 =  6 hours.
 Over April and May this year I have lost over £30 per month in reduced wages because of the Bank Holidays which as a low paid worker is a lot.
Conversely, if an another employee's working week does not include Mondays they will receive a either a pro rata payment for the Bank Holiday/or time in lieu so they 'don't miss out on their Bank holiday entitlement'.
For example: A part time colleague who only works 17.5 hours per week and never on a Monday can either be paid for 3.5 hours or take time in lieu.
I have queried the differences and wonder if it is discriminatory but the powers that be claim this is a fair way of working out BH entitlement for all employees.
What confuses me the most is I am a salaried worker but end up being down on pay whenever a Bank Holiday Monday is in the month and I cannot fathom how this is possible ( and there are more Monday Bank holidays than others so yearly it has a big impact). I did not set the rota or indeed my working week and accepted the role as a salaried position based on a 30 hour week working week.
Obviously I don't want any more pay I just want to receive the same salary per month whether there is a Bank Holiday or not.
Can anyone offer any advice or help understanding whether this is fair. 

There is no legal entitlement to bank holidays! (there may be a contractual entitlement).

Your legal entitlement is to 5.6 weeks holiday a year (28 days) if full time, pro rata if part time. Your employer can dictate when you can and cannot take your holiday, So, if your work is closed on a bank holiday, in effect your employer has told you to take that day as holiday and it is one day off your entitlement.

It is unlawful to treat a part time employee less favourably than a full time employee simply because they are part time. However it may be lawful to treat them less favourably for other reasons!

I expect that someone working for a local authority may well have a legal (as conferred by their contract) entitlement to more than 5.6 weeks holiday entitlement.  @moley72 - what do your written particulars of employment say about your holiday entitlement?

moley72

My holiday entitlement is 31 days pro rata - and then bank holidays are on top. Not inclusive of BH's.

LittleVoice

moley72 said:

My holiday entitlement is 31 days pro rata - and then bank holidays are on top. Not inclusive of BH's.

To clarify - a full-time person would get 31 days plus 8 BHs?

In the first line of your OP said you were salaried for 30 hours a month but then mention 30 hours a week.  Are you contracted for 30 hours a week and does 37.5 hours a week count as full-time?

moley72

Sorry, I meant I work 30 hours per week and yes, 37 hours is full time.
The 31 days is after 5 years service and as far as I'm aware BH are additional.

Undervalued

moley72 said:

Sorry, I meant I work 30 hours per week and yes, 37 hours is full time.
The 31 days is after 5 years service and as far as I'm aware BH are additional.

They may be but that would be a unusually high total holiday entitlement of 39 days per year (almost eight weeks).