Bank Holiday calculations - Am I being short changed.

moley72

Hi,  I'm just trying to find out if its correct that I end up with less monthly pay whenever there is a Monday bank holiday.

Undervalued

moley72 said:

Hi,  I'm just trying to find out if its correct that I end up with less monthly pay whenever there is a Monday bank holiday.

It could be. Without seeing full details of your employment contract / employee handbook etc. nobody can tell you for certain.

If (as seems the case) you get more than the minimum statutory holiday entitlement, then the additional days can have more or less whatever terms and conditions the employer likes.

As said previously, they cannot treat you less favourably (pro rata) just because you are part time.

Barny1979

Undervalued said:

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).

For a local authority that sounds correct from my experience.

Savvy_Sue

When you book leave, do you do so in hours or in days? 

And does EVERYONE get 8 bank holidays, regardless of how many days they work? That would be unusual, IMO. 

I agree that if you're salaried, you should be paid the same each month, regardless of whether there are bank holidays or not. 

thebrexitunicorn

Hi Moley72
If you have a contract which stipulates an annual salary paid monthly you should be paid the same amount every month. BUT, if a Monday is a longer working day for you, that means that you would normally have to supplement your public holiday entitlement with annual leave hours.  

The easiest way to manage your holiday entitlement would be to add your pro rated annual leave hours and prorated public holiday entitlement  hours together into one ‘leave pot’.   Any  leave taken (whether PH or AL) is deducted and there would then be no question about your pay varying.  I have no idea why your employer doesn’t do this. 

moley72

Hi, 
I really appreciate your reply. I have been battling this way of dealing with bank holiday pay for years know. I have spoken to numerous manager, team leaders, HR and the union but all same the thing - that this is the correct formula and it has to be this way so its fair that other workers don't miss our on their BH holiday entitlement.
We did used to use our annual leave or work the additional hours to make up the short fall but one of the managers stopped it and ever since I have been losing money whenever there is a Monday Bank holiday in the month.
When I worked longer hours it wasn't as noticable but my hours were reduced 2 years ago  and the loss in salary is quite telling these days.
My previous employment with local authority also allowed me to use Annual leave or to make up the hours if necessary and I worked there for over 20 years with know issues and certainly no reduction in monthly salary.

I feel much better that you have given me this advise but I really do not know who to approach or which department to talk to about this.
HR seem to be caught in 'their' interpretation of the BH entitlement policy and they really don't see it from my point of view.

Many Thanks for your help.

moley72

Hi All, 
I have contacted HR today and have been told that I can used Annual leave to supplement the bank holiday average ( as I said this was stopped by previous Manager about 4/5 years ago). The person I spoke to does this herself  and cannot see why using annual leave should be an issue as the authority is not losing out in any way however she does seem to think it could be up to different managers interpretation. ??
Therefore, I am going to ask for a copy of the policy pertaining to this as I cannot find it in my terms and conditions and if it is in the policy it cannot be interpreted by managers differently can it?
Also, there may have been a mistake in the calculations of the pay deducted as so she is checking this too.
One final issue  if any one can offer any insight.
I work 30 hours per week and am salaried for this. My working week due to service needs includes every Monday of a 10 hour shift so my BH average comes into force.
My colleague also works 30 hours and is salaried the same. She does not work Mondays and her 10 hours shift is on a Wednesday. This colleague is receives compensation for the Bank holiday as per the BH average.
I understand that no one should be penalised for not working a Bank Holiday but if the 'worker' has no control over the of the days of the week required to work and receive the same salary, for exactly the same hours per week, month, year - how is this not discriminatory.
It seems to me that I am being treated differently than my colleague and there is no parity.
Can it be fair that it comes down to the luck of the drawer which days a worker is required to work despite being salaried for the same weekly hours.
 My working week does not include a Tuesday as the service is closed - this is not my choice nor is working 10 hours shift on a Monday but I am dictated by the service needs.
Please help me understand this. Am I just completely wrong here?
Many Thanks

moley72

One final issue  if any one can offer any insight.
I work 30 hours per week and am salaried for this. My working week due to service needs includes every Monday of a 10 hour shift so my BH average comes into force.
My colleague also works 30 hours and is salaried the same. She does not work Mondays and her 10 hours shift is on a Wednesday. This colleague is receives compensation for the Bank holiday as per the BH average.
I understand that no one should be penalised for not working a Bank Holiday but if the 'worker' has no control over the of the days of the week required to work and receive the same salary, for exactly the same hours per week, month, year - how is this not discriminatory.
It seems to me that I am being treated differently than my colleague and there is no parity.
Can it be fair that it comes down to the luck of the drawer which days a worker is required to work despite being salaried for the same weekly hours.
 My working week does not include a Tuesday as the service is closed - this is not my choice nor is working 10 hours shift on a Monday but I am dictated by the service needs.
Please help me understand this. Am I just completely wrong here?
Many Thanks