Bank holiday entitlement when closed on Mondays

KLB

Hi all,

I work at a kitchen and have been tasked with working out holiday entitlement, etc, something I’ve never done before and I’m finding it a real head scratcher. Our employees are entitled to 20 days holiday plus bank holidays. Most work 5 days a week but some work 6. Being a kitchen, we are always closed on Mondays as it’s the quietest day for us. Are employees still entitled to an extra day for the bank holidays? My first thought was no, we’re closed and everyone has the day off (my boss will probably say this), but I’m questioning that assumption because a bank holiday is supposed to be an extra day and they’re not getting that extra day.

Thanks, I reckon I'll have more questions to follow, my brain just doesn't compute this type of thing!

KLB

Now that I've typed it out like that, I'm sure they're still entitled to an extra day...

General_Grant

KLB said:

Hi all,

I work at a kitchen and have been tasked with working out holiday entitlement, etc, something I’ve never done before and I’m finding it a real head scratcher. Our employees are entitled to 20 days holiday plus bank holidays. Most work 5 days a week but some work 6. Being a kitchen, we are always closed on Mondays as it’s the quietest day for us. Are employees still entitled to an extra day for the bank holidays? My first thought was no, we’re closed and everyone has the day off (my boss will probably say this), but I’m questioning that assumption because a bank holiday is supposed to be an extra day and they’re not getting that extra day.

Thanks, I reckon I'll have more questions to follow, my brain just doesn't compute this type of thing!

KLB said:

Now that I've typed it out like that, I'm sure they're still entitled to an extra day...

Whether they work 5 or 6 days a week they would be entitled to 28 days which can include bank holidays (or they could be required to work every bank holiday - there is no automatic statutory right to these).

So you work out entitlement of 28 days.

KLB

So this year, Xmas day is on a Monday and Boxing Day a Tuesday. We are closed on both days and would normally be closed on the Monday anyway. This equates to them taking just 1 day holiday (the Tues) doesn't it?

General_Grant

As Monday is never a working day, it doesn't matter whether any particular Monday has the status of being a bank holiday.  It just doesn't enter into the calculation of holidays taken.

So if someone normally works 5 days from Tuesday to Saturday inclusive, they would have had one day's holiday (for Boxing Day) if they work the other days.

The next Bank Holiday is Monday, 1 January, when you would not be open.  So in that first week of the year, they wouldn't have any holiday other than any they book for days they would otherwise be working.

Another thing you need to know is when the company holiday year begins - often companies use 1 January or 1 April but that is their decision.  Or, if there isn't a company holiday year, every individual will have a holiday year beginning on the anniversary of when they first began working for this kitchen.

baser999

On a bit of a tangent, but many years ago I worked for a small firm of accountants and the senior partner employed a f/t Secretary as well as two p/t - one worked Monday to Wednesday, the other Thursday and Friday. Whenever there was a bank holiday on the Monday, the other girl insisted she should be getting a day in lieu 🙄 There was never an issue with the other girl when the bank holiday happened to be on a Friday. This situation carried on every bank holiday, with the woman taking her day in lieu. The partner gave up trying to reason with her, let her take the days off, but then adjusted her annual pay rise down accordingly without telling her 😂

lincroft1710

baser999 said: the senior partner employed a f/t Secretary 

I must read posts more carefully
I must read posts more carefully

I nearly read that as a "fit secretary"

Tescodealqueen

If you go onto gov.uk there is a calculator for calculating leave entitlement (sorry couldn’t post a link) but it was useful when I helped a friend who was having difficulty getting her proper entitlement as a hairdresser with similar working hours you describe @KLB

baser999

lincroft1710 said:

baser999 said: the senior partner employed a f/t Secretary 

I must read posts more carefully
I must read posts more carefully

I nearly read that as a "fit secretary"

😂 she thought she was 

Undervalued

KLB said:

So this year, Xmas day is on a Monday and Boxing Day a Tuesday. We are closed on both days and would normally be closed on the Monday anyway. This equates to them taking just 1 day holiday (the Tues) doesn't it?

To clarify, as it is often misunderstood, there is no legal entitlement to bank holidays. A full time employee is entitled to a minimum of 28 days paid holiday per year, to be taken when the employer agrees or instructs.

So if your firm is closed on a bank holiday then they are, in effect, instructing you to take the day off and it will count as one of your 28 days holiday.

There may be contractual agreements than improve on the default legal position, such as extra pay if you work a BH or an extra day's holiday or more holiday than the legal minimum. However, unless there are such benefits, BHs are no different to any other day.

tizerbelle

Undervalued said:

KLB said:

So this year, Xmas day is on a Monday and Boxing Day a Tuesday. We are closed on both days and would normally be closed on the Monday anyway. This equates to them taking just 1 day holiday (the Tues) doesn't it?

To clarify, as it is often misunderstood, there is no legal entitlement to bank holidays. A full time employee is entitled to a minimum of 28 days paid holiday per year, to be taken when the employer agrees or instructs.

So if your firm is closed on a bank holiday then they are, in effect, instructing you to take the day off and it will count as one of your 28 days holiday.

There may be contractual agreements than improve on the default legal position, such as extra pay if you work a BH or an extra day's holiday or more holiday than the legal minimum. However, unless there are such benefits, BHs are no different to any other day.

Not necessarily.  In this instance it seems they are always closed on a Monday so it is not part of their normal business working days. The business is only ever open 6 days a week. So the only bank holidays that would come out of their 28 days allowance are Good Friday and Boxing Day (this year)