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New employer making me take bank holidays out of my holiday

246 replies

Bunnyflop7 · 05/11/2022 06:46

As a result I only have 14 days to take for the entire year. I have kids and it’s going to be ridiculously hard to cover holidays. Never ever had this at another employer.

is this commonplace?

OP posts:
bruffin · 07/11/2022 07:25

EF101 · 07/11/2022 06:12

But where I work then not working Mondays you would still have a day taken off your total leave for Bank hol on a monday so wouldn't be a benefit to change tbh. Worth checking

That's doesn't sound right.
I work 3 5 days and wor to Mon , Tues , Thurs and every other Friday. 3.5 is 70% of normal hours so 5.5 bank holidays. I also get 27 days and 1 birthday
I then book off only bh on the calendar that fall on my working day. They shouldn't be deducting a BH if you don't work that day.

bruffin · 07/11/2022 07:53

Can i just remind posters that if your holidays run April - March then next year there are 2 easters that fall in this period.
Easter friday 24 falls on 31st March 2024
In addition there is the coronation BH so you should be getting 10 days pro rata instead of the usually 8. But then the next year you should only get 7 prorata.
this only affect those whose holiday year stars 1st april.

VanGoghsDog · 07/11/2022 07:56

EF101 · 07/11/2022 06:07

I have this too but its correct. Cause if youre part time you're only entitled to pay on a a proportion of Bank Holidays. Like I work 4 days a week and I am entitled to pay for 80% of Bank Holidays.

My employer adds together my annual leave allowance and 80% of Bank Holidays (theres 8 this year) then every time I have a day off (whether its annual leave or Bank hol) there's a day out of this number.

There's eight normally in England, Wales and NI (NI have a couple that are in different dates), but there were ten this year, and so far due to be nine next year.

Plus Scotland has nine usually.

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TheWomanTheyCallJayne · 07/11/2022 07:56

Ignoring the part/full
time thing as I think that’s just confusing the issue for some. It’s relatively normal
for companies to force
employees to use their holiday allowance on bank holidays.
it does feel incredibly unfair but is allowed.
my employers also forces us to take most of the rest of our holiday during when they’ve decided to shut the company. Infuriates me.

I would do what has been suggested with saying that you’ll come in on the Tuesday then as that must be when the replacement meeting is and if they say no then say you’re swapping your day as the meetings clearly aren’t that important.

I’m I’m struggling at the moment as when I took the job we discussed that I may need to swap days from Friday to
Thursday occasionally as my child sometimes has something come up on the Fridays. Something came up on a Friday and I told them about a month in advance and my boss was trying to make me take it as holiday rather than let me just work the Thursday. I got grumpy and for now there’s just a day I owe instead.

Boymum456 · 07/11/2022 08:04

I work 18.5 hours and get 3.7 hours for each bank holiday, so I I work more than that on a Monday I have to make my hours up or take leave, is that an option for you? (Full timers get 7.4 hours for a bh) this is one reason I don’t won’t Mondays

vickylou78 · 07/11/2022 08:55

Definitely try to swap Mondays I work part-time but Monday is my non working day

TroysMammy · 07/11/2022 08:59

I wonder what's going to happen in my place of work next year. My colleague and I both work 2.5 days a week, 25 hours each. However she works first part of the week I work the end. Up until now she has had holiday entitlement and all Monday/Tuesday bank holidays off paid. I've obviously just had the days off.

Apparently the holidays are going to be calculated in hours next year so will she have less holidays she can book when she wants to like she should have or not? Watch this space.

Princessglittery · 07/11/2022 09:14

@TroysMammy so glad you managed to get your employer to see they were being unfair to you. Have they given you extra for this year?

Snaketime · 07/11/2022 09:19

I have to use my holidays to have bank Holidays off, because we don't close on bank holiday.
I did try and read through your replies OP but can't see where you say, is the place actually open on bank Holidays and you want it off, or are they closed but still expect you to use your Holidays for it?

LizzyA123 · 07/11/2022 11:09

Your 25hrs over 4 days equates to 6.25 hr days if spread equally so any bank holiday you use should be at your usual daily rate. If not spread equally then the amount used for a BH will depend on your usual daily hours for the day it falls on.

TroysMammy · 07/11/2022 11:41

@Princessglittery no extra. I was meant to be covering a colleague on holiday on the day of the Queen's funeral. Everyone had the day off paid. My colleague on holiday got the day back and although I had the day off I lost money not working extra, didn't get paid because Monday is my normal day off and I don't get a day off in lieu. And I wonder why I don't feel valued in the workplace.

Ohyoucutie · 07/11/2022 11:43

TroysMammy · 07/11/2022 11:41

@Princessglittery no extra. I was meant to be covering a colleague on holiday on the day of the Queen's funeral. Everyone had the day off paid. My colleague on holiday got the day back and although I had the day off I lost money not working extra, didn't get paid because Monday is my normal day off and I don't get a day off in lieu. And I wonder why I don't feel valued in the workplace.

Surely for your colleague to address?

riceuten · 07/11/2022 12:24

Sadly, it's legal, but you can't - for the moment - have less than the statutory minimum - something the Conservative government will be getting rid of.

www.gov.uk/holiday-entitlement-rights

Most workers who work a 5-day week must receive at least 28 days’ paid annual leave a year. This is the equivalent of 5.6 weeks of holiday.

[...]

Bank holidays
Bank or public holidays do not have to be given as paid leave. An employer can choose to include bank holidays as part of a worker’s statutory annual leave.

Princessglittery · 07/11/2022 13:09

@TroysMammy I’m sorry they wouldn’t give you the extra leave.

LovelyLisa2 · 07/11/2022 13:10

If you are part-time you will only get the pro-rate equivalent. I don’t work on a Monday for that very reason.

Zend · 07/11/2022 13:12

SpikyHatePotato · 05/11/2022 06:51

Legal entitlement is 20 days plus 8 bank holidays for people who work full time. If you're part time it will be pro-rata. Check Acas or Citizens Advice websites.

No. Legal entitlement is 28 days of which eight days can be directed to be taken on bank holidays.

serenaisaknobhead · 07/11/2022 13:20

Can they give you the option of working over the BH so you can take TOIL?

TroysMammy · 07/11/2022 13:23

@Ohyoucutie my colleague benefited as she had the Queen's funeral bank holiday back as she was on annual leave. It was I who lost out again.

Mummyofmaniacs · 07/11/2022 23:27

your employer does not have to pay you for having a BH..
you have the choice not to take a BH as a holiday day, not be paid, and request your own holiday dates (notice the term 'request')

VanGoghsDog · 08/11/2022 00:14

Zend · 07/11/2022 13:12

No. Legal entitlement is 28 days of which eight days can be directed to be taken on bank holidays.

Actually, all days can be directed by the employer if they choose. People who work in schools don't get to choose their holidays, factories have annual shut downs, etc.

minipie · 08/11/2022 00:21

only if I’m happy that 1/3 of my leave is on random mondays dotted throughout the year! I need to take weeks off in the school holidays

But all bank holidays are in school holidays anyway, except for the first May bank holiday.

I had one employer who would allow us to work BHs and take a day in lieu another time. Only worked because we had our own workloads which were fairly independent of others so plenty to get on with even when the rest of the team was off. Might this be an option?

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