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IF MONDAY IS USUALLY MY DAY OFF, DO I GET BANK HOLIDAYS BACK?

(33 Posts)
MrsBigD Thu 09-Jun-05 10:57:20

O.k. so I went back to work and we changed my working days from Monday-Friday to Tuesday-Saturday.

My question now is before I confront my Manager ...

As Monday is my usual day off will I be entitled to a day off during the week (or at a later stage) if the Monday is a Bank Holiday?

I throw this question to the knowledgable MN board

jessicasmummy Thu 09-Jun-05 10:58:43

ime you should be given a day in liue (sp)

i used to work a 2 week shift rota, and if BH was on our sheduled day off, we had a day in liue to take at another time.

zebraZ Thu 09-Jun-05 10:59:22

I think it depends on the terms of your contract.
Eg., I work 40% of full time, so I reckon I only get 40% of the bank holiday (so I still get 3 hrs off, even though the days I actually work are Tues-Thurs).
It sounds to me like you get a day off....

SoupDragon Thu 09-Jun-05 11:04:40

I thought that, since you were not contracted to work that day, you don't get it off later in the week. No real reason, it was just my understanding of how it worked for part time friends way back when I was in Paid Employment.

clary Thu 09-Jun-05 11:05:12

No, the company is not obliged to by law. Tony has said he will bring it in tho.
Agree it is very unfair. Some companies do compensate by giving you pro rata time off in lieu but that's just cos they are nice.

JoolsToo Thu 09-Jun-05 11:05:56

nice try

LIZS Thu 09-Jun-05 11:06:19

I think if Monday is always a non-contracted day then you don't. If you work x hours per week(rather than contracted for specific days) then even if Monday happens to be your usual day off then you might on a pro rata basis as zebra describes. iirc a colleague got 3/5 of them because she only worked Monday , Wednesday , Friday, but that was a few years back and Monday was a contracted day.

elliott Thu 09-Jun-05 11:10:28

If I didn't usually work on Mondays, I wouldn't get a day off in lieu of bank holiday. but since I usually work mondays, I get all bank holiday mondays extra and that works out to more than I 'should' compred to a fulltimer.
My DH works for a company that works out the proportion of bank holidays he is entitled to as a part timer (he has Weds off) and adjusts his annual leave accordingly.
So it depends on the individual employer. If you work for one like mine, make sure Monday is a day you work!

Mothernature Thu 09-Jun-05 11:14:25

No

acnebride Thu 09-Jun-05 11:15:13

I don't

hoxtonchick Thu 09-Jun-05 11:15:23

i work 2.5 days/week (though actually do 2 & 3 day alternate weeks). i chose to work on mondays on purpose so that i'd get every bank holiday off....... like elliot, i get all of them despite only working part-time. hooray!

Kayleigh Thu 09-Jun-05 11:15:42

I work 3 days per week tues/weds/thurs and I get 3/5 of all the bank holidays added on to my yearly entitlement.

I only discovered this after a couple of years of working part time when I spoke to someone in the civil service who said it was EU law. When I approached our HR dept they agreed I was entitled and sorted it out. But I was really annoyed that I had to ask for it, rather then them telling me I was entitled to it.

SaintGeorge Thu 09-Jun-05 11:25:38

These two web sites might help clarify:

Bizhelp

and

DTI

There is no legal entitlement to paid Bank Holidays BUT there are rules governing how part-timers are treated in comparison to full-timers.

MrsBigD Thu 09-Jun-05 11:28:52

hmmm I'm contracted to work Tuesday-Saturday and Monday's if the General Manager requires (doesn't happen though ).

I'll have a look at the websites you listed St George and then I could always just try and bluff my bosses into it . Can't hurt to try... nothing to loose but a day to gain

oliveoil Thu 09-Jun-05 11:31:22

I do Tues-Thurs and as far as I am aware I don't get extra time off. But I see it as they did me a major favour in reducing my days to 3 anyway, so I don't want to take the piss and demand more off iyswim. Good companies are hard to come by.

hotmama1 Thu 09-Jun-05 11:36:06

I work in Local Government (but am currently on maternity leave) there are a couple of laydeez who work with me who are part-time and they have bank holidays on a pro-rata basis - and one never works on Mondays. She works Weds afternoon and all day Thursday and Friday and therefore works 0.5 of a full-time equivalent and therefore is entitled to 0.5 of bank holidays. As she doesn't work on Mondays this is just added to her 'leave' entitlement so she can take a day when she likes - this seems fair. HTH

SaintGeorge Thu 09-Jun-05 11:40:40

MrsBigD - are you FT or PT? FT workers who don't do a standard Monday-Friday week seem to be the ones who fall into a black hole on this one.

oliveoil - if FT workers at your firm are paid/have time off for Bank Holidays then why shouldn't you? I don't think it is taking the piss to ask for what you are legally entitled to. If you reduced your hrs after maternity leave (sorry don't know circumstances) then they weren't 'doing you a favour', they were following the law.

oliveoil Thu 09-Jun-05 11:44:43

SG - I actually started here on 4 days, then went down to 3 after a month or so.

I know what the law says, but I still think they were doing me a favour and are a fab company so I wouldn't want to bash them with a big stick over my 'rights'. I don't do any work anyway .

elliott Thu 09-Jun-05 11:45:24

so st george are you saying that fulltimers aren't entitled to paid bank holidays if they don't normally work them? I would have assumed if fulltime there wouldn't be an issue!

LunarSea Thu 09-Jun-05 11:48:40

Here it's pro-rata the number of bank holidays in a year (8) x the proportion of the week you work. So if you do 4 days a week, you'd get 4/5 of 8 (6.4) bank holidays in a year. Depending upon when Christmas falls there will be between 2 and 4 of the bank holidays which are not Mondays, so you would be able to have the extra days as holiday. Not sure if that's a general rule though.

MrsBigD Thu 09-Jun-05 11:49:46

SG - I am full-time, just had to adjust from Monday-Friday to Tuesday-Saturday due to childcare cost... poor dh is now lumbered with kids on Saturday's LOL

SaintGeorge Thu 09-Jun-05 11:52:42

elliot - There is a gap in the law that means FT workers might miss out.

There is no legal entitlement to pay or time off for National Holidays. However, if a FT worker is paid then any PT workers at the same firm MUST be given pro-rata entitlement. You can be FT and not be contracted to work on Mondays or Fridays and therefore fall into the black hole.

elliott Thu 09-Jun-05 11:55:44

even if other fulltimers in the same firm who do work mondays get them off?
Sorry, this is completely irrelevant to my situation, I'm just amazed that this is the case. Shouldn't be I guess.

LunarSea Thu 09-Jun-05 11:56:02

Unless presumably other workers doing the same job do work Mondays and get paid for public holidays in which case equal pay (and terms) for equal work would be a counter argument to that?

SaintGeorge Thu 09-Jun-05 11:58:05

MrsBigD - So you are in the aforementioned black hole then by the sounds of it.

Tricky if you requested the change of days but I would still creep nicely to the boss and ask if they would consider adding some extra days to your annual leave. If they had requested the change then you would have been losing out and in that case I wold have demanded the extra. Good luck

I am off to read up - see if I can find anything else that would cover this situation.

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