if you dont normally work a monday and the bank holiday is on a monday are you owed an extra days holiday?

(33 Posts)
ssd Wed 08-Jan-14 17:20:34

just to clarify, I normally work 3 or 4 days usually wed thurs fri sat, although I'm flexible and will change days if needed.

my holidays are 4 weeks a year.

if the bank holiday falls on a monday and its not my normal working day, do I get a day in lieu?

thanks

applecharlotte Wed 08-Jan-14 17:25:01

Yes. You should get the equiv time off. I work a 20 hour week, full time is 40 hours. Any bank holidays that fall outside my days work I get 0.5 days additional holiday allowance. Obviously days falling on my days don't count.

I've prob not explained that v well! You need to get your HR person to work it out for you.

ilovepowerhoop Wed 08-Jan-14 17:25:32

no I wouldn't have thought so as it isnt one of your working days

bakingaddict Wed 08-Jan-14 17:38:55

It obviously depends on your company's terms and conditions but you should get it off. I work 30 hours with full time being 37.5 so pro-rata I get 0.6 of a day per BH. Generally there are 8 BH's in a normal year so an extra 40 hours AL is calculated into my entitlement. Any days such as Good Friday, Christmas Day and Boxing day when I would be working are subtracted from my AL. As I don't work a Monday and most BH fall on a Monday I am free to use these allotted 6 hours whenever I like.

ssd Wed 08-Jan-14 17:43:07

the hr person is corrupt, hence am on here trying to find out my rights! x

flowery Wed 08-Jan-14 18:04:10

You should get the same total time off as a full time person, pro rata.

So you won't get a day in lieu of all bank holidays you "miss" necessarily.

If a full time person gets 28 days in total, including bank holidays, as someone working 3 days a week you should get a total of 17. 4 weeks off in your contract is 12 days, meaning you are entitled to a further 5 bank holidays, or days in lieu.

Have a look at the calendar for this year. If 5 bank holidays will fall on your working days, you're fine. If not, you need more days in lieu.

ssd Wed 08-Jan-14 18:07:54

thanks flowery, I'd hoped you would see this! I always work the bank holidays and get double time for it,I think!

can you tell me whats the difference between a bank holiday and a public holiday?

ssd Wed 08-Jan-14 18:14:44

actually now I'm wondering, am I being paid double time for it? I work the day as usual then get paid time again for it, without having a day in lieu, is this double time?

karatebo Wed 08-Jan-14 18:20:16

ssd, I'm just looking at this too. With my previous employer, when I didn't work Monday, I was given extra leave pro-rata to make up for the missed bank holidays. Now I'm moving to a new employer it's not clear from the contract that the same thing will happen, so I'm trying to work out my rights before querying it.

I just found this article in PersonnelToday, which suggests its best practice (though not necessarily compulsory) to give p-t workers extra leave in lieu of missed Bank Holidays.

ssd Wed 08-Jan-14 18:22:49

I have no contract, been there 6 yrs....the rules are made up as we go along......am paid through the books, nothing dodgy, just bad working practice from people who should know better.

OTheHugeManatee Wed 08-Jan-14 18:27:19

You don't necessarily get it. It depends on your company's holiday policy. If bank holidays are used to make up your statutory holiday entitlement then yes, you should get pro rated pay or holiday in lieu if you miss BHs due to your work pattern.

If you get the statutory leave entitlement and BHs on top then it's at the company's discretion whether they give you extra days or not.

ssd Wed 08-Jan-14 18:32:01

is good friday a public holiday?

ssd Wed 08-Jan-14 18:33:26

they are used to make up the statutory holiday entitlement, yes, they arent on top of the 5.6 weeks

IrisWildthyme Wed 08-Jan-14 18:48:12

I think that if full time employees have the bank holidays making up part of their statutory entitlement, rather than extra days on top of the statory minimum, then you shouldn't have any expectation of additional holiday in lieu of a bank holiday.

karatebo Wed 08-Jan-14 19:02:28

ssd, this Government website quote clinches it for me: "If you are part-time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day."

flowery Wed 08-Jan-14 20:50:13

No difference between bank holidays and public holidays for these purposes.

Time off would be your normal rate of pay, so if you work a BH and get double time, then take a different day in lieu, the other day would be at your normal rate, because someone who took the actual BH off would not have been paid any more.

ssd Wed 08-Jan-14 21:11:16

thanks, I'll check out gov.uk to see if that quote is there, karatebo

flowery am, confused, you said ", so if you work a BH and get double time, then take a different day in lieu"...would I still be entitled to a day off in lieu even if I was paid double time for the bank holiday I worked?

ilovepowerhoop Wed 08-Jan-14 21:28:53

https://www.gov.uk/holiday-entitlement-rights/entitlement

from the site quoted by karatebo:

You don't have a statutory right to paid leave on bank and public holidays, though many people receive the day off work. Any right to time off or extra pay for working on a bank holiday depends on the terms of your contract of employment.

i.e. they dont have to give you time off in lieu if they have already counted the bank holidays pro-rated in your holiday entitlement. If you are getting double time then you are getting over and above what they need to pay you.

ilovepowerhoop Wed 08-Jan-14 21:32:17

if you work 4 days a week then you are legally entitled to 22.4 days holiday and bank holidays can be included in that figure.

https://www.gov.uk/calculate-your-holiday-entitlement

ilovepowerhoop Wed 08-Jan-14 21:34:48

p.s. the website quoted above by karatebo is for NI so may be slightly different

flowery Wed 08-Jan-14 21:36:49

ssd the bank holidays are a red herring. It's total time off you need to look at. You must get the same total paid time off as full timers pro rata. Doesn't matter how many of that total are bank holidays, if any, as long as the total is correct.

ssd Wed 08-Jan-14 22:00:34

so if the bank holiday is on a monday and I work that monday and get paid the day as normal and the time paid again, do I still have the day to take in lieu?

ilovepowerhoop Wed 08-Jan-14 22:09:33

if you have been given the right amount of holidays pro-rated with the bank holidays included in that figure then they dont have to give you anything extra for working the bank holiday and they dont have to give you time of in lieu either. They dont legally even need to pay you extra for working it

flowery Wed 08-Jan-14 23:32:52

It's the total you need to look at, as well as your contract, although I note you don't have one....

If a hypothetical contract said anyone working a bank holiday got paid double and a day to take off in lieu, then yes.

However all you are legally entitled to is the right number of paid days off. If working a bank holiday means you will not have been given enough paid days off you will need another day added to your entitlement to take at another time. Whether it's described as being in lieu of the bank holiday is just whatever normal practice is.

(Although I've just seen you don't normally work Mondays so working a bank holiday Monday wouldn't need a day in lieu as you wouldn't have been working otherwise so wouldn't have had it as a paid day off.)

ssd Thu 09-Jan-14 07:53:41

how does 22.4 days hols work out...what is the 0.4 all about?

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