Can I get an extra day off in lieu because a bank holiday is falling on a day I'd get off anyway?

General_Grant

mowg said:

General_Grant said:

If they don't want you to work more than your contracted hours in any week and yet have your minimum holiday entitlement (that entitlement being your statutory right), they need to allow for the compensatory time off to be transferred from the BH Monday to another time.

Thank you. When you say they need to allow for compensatory time off, is there a legal point that can be used to compel them too if they do not? For instance would it be a breach of contract if they didn't? Or is there some employment legislation buried somwhere that could compel them? I'm hoping it won't come to that. They're not a bad employer overall so I'm guessing it's just an oversight they'll put right once it's pointed out to them, but just in case.

If they paid you for the extra day, then they would still be meeting the requirement re holidays.

Whether they have to pay you for the extra time would depend on your contract and whether not paying would take you below the national living wage.

If they chose not to pay (and national living wage regulations weren't breached) then I am not aware of legislation which would force them to do so.  It would depend on the wording of your contract (including any contractual aspects of a staff handbook).

getmore4less

If they are taking a day off your holiday allowance then it should be paid at the proper rate.

(Based on previous 52 worked weeks)

General_Grant

getmore4less said:

If they are taking a day off your holiday allowance then it should be paid at the proper rate.

(Based on previous 52 worked weeks)

One could argue they are not - the OP has the BH (part of contractual entitlement) but may not be getting the TOIL relating to the extra time worked on the previous weekend. 

If they paid for the weekend working instead of offering TOIL (which is what the Monday off is in non-BH weeks) then there's no problem for them.  But the OP may prefer the time rather than the extra pay and therefore needs to take TOIL at another time.

kimwp

I don't work Mondays and get Monday bank holidays credited back to my holiday allowance. (Actually I work compressed hours, so mon-fri hours over tues-fri and get the hours of a standard day credited to my account.) This means I get Mondays off and the correct amount of bank holiday time off.

However I think in your case, the simplest way to look at it is not whether the bank holiday should be credited back to your allowance, but that you already have the bank holiday off, so it can't count as the time back for the weekend and so that time back needs to be taken at another time.

prowla

If you don't normally work Mondays then you've got the Bank Holiday off anyway.

Browntoa

It would be in your contract

Friend of mine had a quirk in theirs for example , if you worked Xmas day boxing Day and new years Day you only got 2 of the 3 days credited ( although you did get premium allowance ) . Fully Union agreed. 

They used to take the 3rd day off as leave and the company had to pay someone 12 hours overtime at bank holiday rate so it actually cost them more money NOT to allow them the credited hours. 

kimwp

prowla said:

If you don't normally work Mondays then you've got the Bank Holiday off anyway.

If this is in response to my post:
As a full time employee, I am entitled to a certain amount of paid time off - including all the bank holidays. As I do not work on Mondays, this is not paid, therefore bank holidays are credited to my holiday allowance, to be used during my normal working hours. 

getmore4less

General_Grant said:

getmore4less said:

If they are taking a day off your holiday allowance then it should be paid at the proper rate.

(Based on previous 52 worked weeks)

One could argue they are not - the OP has the BH (part of contractual entitlement) but may not be getting the TOIL relating to the extra time worked on the previous weekend. 

If they paid for the weekend working instead of offering TOIL (which is what the Monday off is in non-BH weeks) then there's no problem for them.  But the OP may prefer the time rather than the extra pay and therefore needs to take TOIL at another time.

From the opening post

My employment contract states that I am entitled to 20 days annual leave plus bank holidays a year.

The contract only meets the statutory requirement (if their average week is 5 days)

The employer cannot offer extra pay for not taking the actual holiday.

It really should not be taken of the allowance, there is no need for payment or TOIL it just remains as a day to be taken.

if taken off the allowance then If they work a week of 5 days on a week where one of their non work days is a BH it needs to be paid  and one of the other days should be adjusted as overtime.

General_Grant

getmore4less said:

General_Grant said:

getmore4less said:

If they are taking a day off your holiday allowance then it should be paid at the proper rate.

(Based on previous 52 worked weeks)

One could argue they are not - the OP has the BH (part of contractual entitlement) but may not be getting the TOIL relating to the extra time worked on the previous weekend. 

If they paid for the weekend working instead of offering TOIL (which is what the Monday off is in non-BH weeks) then there's no problem for them.  But the OP may prefer the time rather than the extra pay and therefore needs to take TOIL at another time.

From the opening post

My employment contract states that I am entitled to 20 days annual leave plus bank holidays a year.

The contract only meets the statutory requirement (if their average week is 5 days)   I pointed that out in my first response to the OP including the assumption that working 40 hours a week, they were working 5 days a week.

The employer cannot offer extra pay for not taking the actual holiday.  I didn't suggest they paid for not actually taking the BH day (the BH is not worked any way and they are paid for it as part of their statutory entitlement).  What they could pay for is for the TOIL which otherwise would have been on a bank holiday and which they may not want to move to another date.

It really should not be taken of the allowance, (the TOIL is not being taken off the allowance and the BH is being paid) there is no need for payment (there is requirement to pay for the BH - it's part of their statutory entitlement to paid leave)  or TOIL it just remains as a day to be taken.   The suggestion was that, if the OP agreed and the employer wanted, they could be paid for the time instead of having TOIL - and there was also the point about being paid Living Wage rate if not paid.

if taken off the allowance then If they work a week of 5 days on a week where one of their non work days is a BH it needs to be paid  and one of the other days should be adjusted as overtime.  But the BH should simply not be taken off the holiday allowance.

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