Please help me figure out my work holiday

[Ineedsleepandchocolate]

Posting here for traffic. If anyone could help me that would be great I'm not sure if I'm just being thick because I'm tired. So I work pt this includes fridays and mondays. I work bank holidays at double pay. My holiday entitlement is x days - 7 bank hols. I'm confused because I thought If you worked bank hols they didnt take up part of your holiday allowance? Obviously theres not much point me taking off a BH at normal pay when I could work it for double. Can anyone explain this to me? I'd be so grateful 😫

My understanding is your bank holidays should be prorated for the amount of days you work. So we have 8 days bank holiday in the UK. So I assume you'd divide 8 by 5 then times the number of days you work.

Have you searched for a holiday calculator online? There's bound to be loads.

I've looked at the online holiday calculators they all calculate to include the bank holidays which is no help to me as I work them 🤦🏼‍♀️

I am part time. I work 60% FTE. So my bank holiday allowance is also pro rata'd. So if you get say, 7 bank holidays as a full time person, I get 60% of those, plus 60% of the full time allowance of annual leave. if that makes sense. So I don't actually work any bank holidays but I do not get them all "for free" if you see what I mean.

Does your contract have a holiday allowance in it?

You have to get 28 days holiday over the year if you are full time - this includes bank holidays.
So your allowance may say "20 days plus bank holidays" or "28 days annually" with "pro rata" because you are part time.
Or it may say "14 days annually" if you are on a 50% contract as that would be half the minimum annual amount.
Or some other combination.

I assume when you say you work Bank Holidays you mean those that fall on a Monday or Friday (i.e. Good Friday, Easter Monday, the May Bank Holidays and August) rather than Christmas Day, Boxing Day and NYD if they are on a Monday or Friday?

So if you work them, you can then take 14 days (assuming 50%) at another time.
3 of those will be Christmas Day, Boxing Day and NYD if they are on days you work all day.
This leaves you with 11 days (again assuming 50%) to take at other times.

If you want to take a Monday or a Friday or another day you work all day you'll need to use a whole day's annual leave.
If you want to take a day you don't normally work you don't use any AL
And if you want to take a day you normally work half a day you'll use up half a day's AL.

@drspouse so this year all bank holidays are on my usual work days fri-mon including xmas and new year. I get that a full tone5person gets 28 days 8 being bank holidays so for arguments sake il use those numbers, so my question is if I work bank hols why are 8 of my holiday days allocated to bank hols when I will be expected to work them if that makes sense? It would mean 8 days of my holidays will go unused because I will be at work

OP the legislation does not distinguish between leave and bank holidays. So your full leave allowance for 3 days a week is 5.6 x 3 = 16.8 days. However employers can, with notice, advise employees of any days they have to take as leave from their allowance. Most employers do this for Bank Holidays, but as your employer is open and you work on all Bank Holiday’s they cannot be deducted from your allowance. So you have 16.8 days leave.

If next year Christmas Day falls on your working day and you are not required to work then you would lose 1 days leave.

How many days a week do you work?
Does your contract say anything about annual leave?

Ok so I work 4 days, I've been told I have 15 days plus 7 bank holidays which =22 days. My contract says any bank holidays work will be paid at a normal basic rate with an additional days pay added in lieu of bh worked.

That just means you can take the 22 days whenever you want and you dont have to deduct any bank holiday days if you work it. If you work the bank holiday you can take a different day as annual leave

That's what I thought, but they're saying the 7 bank hol days have to be taken on bank holidays, not a normal work day which is what I think is wrong

No, they are wrong.
You should have 22.4 days minimum.
You can take them when it's convenient for the employer (for example, you can't take them on Bank Holidays, I can't take all of half term, just single days).
It sounds like you work all Bank Holidays except Christmas?
So, for Christmas Day you need to use 1 day AL if on a normal working day but 0 if not.
All other days you use 1 day if on a normal working day.

If they want to make you take bank holidays off, they can. They can, by law, dictate when all of your annual leave is taken. There is no law which says you can choose your holidays.

They're not given you the day in lieu but are paying you double time instead.

That's what I thought, but they're saying the 7 bank hol days have to be taken on bank holidays, not a normal work day which is what I think is wrong

I think what they're saying is you no longer work bank holidays... Unless they are expecting you to take the holiday off but still work?

In that last piece you've quoted tho does that not say you get paid double because you're working the bh so you are getting paid for it once because you are working it and once in leiu of the day off

Are they allowed to do that? Isn't an employee entitled to a certain number of "rest" days?

No they can't (quick answer):

www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job

"The only time someone can get paid in place of taking statutory leave (known as ‘payment in lieu’) is when they leave their job"

She will still be able to take all her leave, they can specify whether she can or cant take leave on a bank holiday though. They cant make you work it but then deduct it from your entitlement too. Speak to them to clarify

If she actually gets more than statutory then they could do it. I used to work in a place that did the same but our total annual leave was more than 28 days so it wasn't illegal.

If she works 0.8 then the statutory minimum is 22.4 days.
So they can't.

Thank you everyone. Yes all bank holidays including xmas fall on work days and my boss says I still work bank holidays. I just wanted to check I wasnt being really silly before I speak to them and tell them it makes no sense

Do you have to work on Christmas day as well?

As others have said, if you work 4 days per week and a full time person gets 28 days, then your entitlement is 22.4 days.

It sounds like the double time on bank holidays is actually normal pay for one data's work plus a day's pay in lieu of the day's holiday, but as has been pointed out, you shouldn't get paid for statutory leave. You should either get paid single time and take the holiday at another time or take the bank holiday off.