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AIBU?

If you don't usually work Monday's and now there's an extra bank holiday...

312 replies

Dressme2023 · 13/09/2022 19:23

...would you be bothered?
I'm actually not, I'm getting to see the funeral which is the important bit to me.
However many colleagues have the same day off and are now pushing for an extra half day annual leave to make up for it.
It feels a bit unnecessary and grabby to me but I'm in the minority.
Thoughts?

You're being unreasonable - you should get extra leave granted
You're not being unreasonable - everyone should just accept it for what it is and move on

OP posts:

Am I being unreasonable?

AIBU

You have one vote. All votes are anonymous.

jacostajune · 14/09/2022 22:35

knickersniff · 14/09/2022 22:11

I don't work Mondays and I'd be embarrassed to ask for an extra day .

You'd be embarrassed to ask for your legally entitled leave? Why?

TroysMammy · 14/09/2022 22:43

@tentontobias I've raised it before but have been told I'm wrong and how can I be mean to try to get my colleague to have less holidays! I always get the shitty end of the stick and no one thinks it mean that I'm being shafted - again.

knickersniff · 14/09/2022 23:02

You'd be embarrassed to ask for your legally entitled leave? Why?

Because it's a Bank Holiday given in respect of the State Funeral . I don't see reason or care to ask for a day off after Monday . It's being given so more people can watch something that means a lot to an incredible amount of people .
I'm not that petty to worry about it .

Dressme2023 · 14/09/2022 23:09

Just read all of these responses, much more emotive than I realised. It's given me a different perspective for definite however I still don't think I'll be asking. There are a few who I know will, it's odd because usually I'm the one fighting for equal treatment for being part time (can't get promoted without working 50 hours etc) however this one just feels a bit different, I guess based on the circumstances

OP posts:
Member869894 · 15/09/2022 01:02

Well I am on annual leave and when I
Go back fully intend to ask for an extra day's holiday.

jacostajune · 15/09/2022 02:53

@TroysMammy PrincessGlittery at 22.04 has broken down why you're incorrect and your colleague doesn't get more paid leave than you.

TheOriginalEmu · 15/09/2022 03:15

itsnotmeitsdefinitelyyou · 13/09/2022 19:58

Nope, no day off in lieu, hasn't it's always been like this for Bank Holidays?
It'd be a logistical nightmare for companies to accommodate the Bank Holiday and then all the days in lieu otherwise!

It's been a long time since I worked one but they've never been particularly fair for those who aren't scheduled for a Monday and it's just tough luck 😉

when I was employed I had Mondays off and I always got a lieu day too, it’s illegal not to as you should be entitled to the same holiday entitlement (pro rata) as everyone else!

TroysMammy · 15/09/2022 06:24

@jacostajune we have our time off in days and why do people and employment websites say that additional bank holidays should be taken out of annual leave?

Aprilx · 15/09/2022 06:40

TroysMammy · 15/09/2022 06:24

@jacostajune we have our time off in days and why do people and employment websites say that additional bank holidays should be taken out of annual leave?

If somebody’s leave entitlement is say, 33 days including BHs, then the employer can of course tell them that Monday is a bank holiday and they must use one of their 33 days for it. That is an entirely plausible scenario, employers are allowed to mandate when leave must be used.

That is of course different to the main topic of this thread, which is that if FT employers are being given an extra day, so here taking their 33 days to 34 days, then part time workers are entitled to receive the same additional part of a day (pro rated according to their part time hours).

willithappen · 15/09/2022 07:15

@PerfectlyPreservedQuagaarWarrior you didn't give any example of what was open so 'probably more than Christmas' doesn't really cut it as a response.

And not being funny but claiming it's just normal bank holiday like any of the others is quite ignorant. We all know why it's being given. We all know what it's for, we all know without the Queen dying and her funeral being that day we wouldn't be getting it.

Directly from gov website on the announcement of it:

"This will allow individuals, businesses and other organisations to pay their respects to Her Majesty and commemorate Her reign, while marking the final day of the period of national mourning.
This bank holiday will operate in the same way as other bank holidays, and there is no statutory entitlement to time off. Employers may include bank holidays as part of a worker’s leave entitlement."

So even then it's up to employer. No one is entitled

Figmentofmyimagination · 15/09/2022 07:22

Those on hourly paid zero hour contracts have the opposite problem - many are being required to take an unexpected day off without any pay or holiday pay.

Aprilx · 15/09/2022 07:26

willithappen · 15/09/2022 07:15

@PerfectlyPreservedQuagaarWarrior you didn't give any example of what was open so 'probably more than Christmas' doesn't really cut it as a response.

And not being funny but claiming it's just normal bank holiday like any of the others is quite ignorant. We all know why it's being given. We all know what it's for, we all know without the Queen dying and her funeral being that day we wouldn't be getting it.

Directly from gov website on the announcement of it:

"This will allow individuals, businesses and other organisations to pay their respects to Her Majesty and commemorate Her reign, while marking the final day of the period of national mourning.
This bank holiday will operate in the same way as other bank holidays, and there is no statutory entitlement to time off. Employers may include bank holidays as part of a worker’s leave entitlement."

So even then it's up to employer. No one is entitled

Nobody has said anyone is entitled. Why is being said on the thread is that if FT workers are given an extra days leave, then part time workers should receive similar, based on the laws that PT workers should not be treated less favourably.

And it is a bank holiday. It is legally the exact same as every other bank holiday.

ihatesoaps · 15/09/2022 07:33

nachoavocado · 13/09/2022 19:56

No. It's a day off to stop people having to fight over having a day off to watch it.

I can't get the day off....I am having to work . I don't want to work as I want to watch the funeral...but I'll get a day off in lieu which isn't the point

jacostajune · 15/09/2022 07:41

TroysMammy · 15/09/2022 06:24

@jacostajune we have our time off in days and why do people and employment websites say that additional bank holidays should be taken out of annual leave?

So convert the hours in that post to days then, it still works.
Yes a company can say BHs come out of annual leave as long as that means you still get 28 days wte per year.

jacostajune · 15/09/2022 07:44

willithappen · 15/09/2022 07:15

@PerfectlyPreservedQuagaarWarrior you didn't give any example of what was open so 'probably more than Christmas' doesn't really cut it as a response.

And not being funny but claiming it's just normal bank holiday like any of the others is quite ignorant. We all know why it's being given. We all know what it's for, we all know without the Queen dying and her funeral being that day we wouldn't be getting it.

Directly from gov website on the announcement of it:

"This will allow individuals, businesses and other organisations to pay their respects to Her Majesty and commemorate Her reign, while marking the final day of the period of national mourning.
This bank holiday will operate in the same way as other bank holidays, and there is no statutory entitlement to time off. Employers may include bank holidays as part of a worker’s leave entitlement."

So even then it's up to employer. No one is entitled

Yes it's up to the employer who could say everyone has to work on Monday (assuming their context doesn't say they have BHs off).
The point of this thread is that employers legally can't let those that usually work on Monday have paid leave but then not give the equivalent to those that don't work on Mondays.

willithappen · 15/09/2022 07:51

*"The point of this thread is that employers legally can't let those that usually work on Monday have paid leave but then not give the equivalent to those that don't work on Mondays."
*
Again that's not the case. The law on this is actually quite contradictory in places

My workplace is not giving those who don't work a Monday any extra day off for that. As it should be.

mdh2020 · 15/09/2022 07:58

If you don’t work on Mondays then you aren’t entitled to time off in lieu. When I decided to work part time a friend advised me to work on Mondays so that I did get the Bank Holidays off.

RockingMyFiftiesNot · 15/09/2022 08:11

mdh2020 · 15/09/2022 07:58

If you don’t work on Mondays then you aren’t entitled to time off in lieu. When I decided to work part time a friend advised me to work on Mondays so that I did get the Bank Holidays off.

Yes it's up to the employer who could say everyone has to work on Monday (assuming their context doesn't say they have BHs off).
The point of this thread is that employers legally can't let those that usually work on Monday have paid leave but then not give the equivalent to those that don't work on Mondays.

^this is spot on. Employers don't have to give BHs, but have to treat part timers fairly if they do.

Some of the attitudes towards people part time on this thread are shocking, I'm also shocked at how many businesses appear to be breaking the law.

frazzledasarock · 15/09/2022 08:11

mdh2020 · 15/09/2022 07:58

If you don’t work on Mondays then you aren’t entitled to time off in lieu. When I decided to work part time a friend advised me to work on Mondays so that I did get the Bank Holidays off.

Yes you do and it’s prorated according to your specific part time hours.

Why do people think bank holidays are forfeited if you work part time?

jacostajune · 15/09/2022 08:19

willithappen · 15/09/2022 07:51

*"The point of this thread is that employers legally can't let those that usually work on Monday have paid leave but then not give the equivalent to those that don't work on Mondays."
*
Again that's not the case. The law on this is actually quite contradictory in places

My workplace is not giving those who don't work a Monday any extra day off for that. As it should be.

How is the law contradictory? It's pretty clear. Part time workers cannot be treated less favourably than full time workers.

jacostajune · 15/09/2022 08:20

mdh2020 · 15/09/2022 07:58

If you don’t work on Mondays then you aren’t entitled to time off in lieu. When I decided to work part time a friend advised me to work on Mondays so that I did get the Bank Holidays off.

Incorrect, but clearly a powerful urban myth!!!

Figmentofmyimagination · 15/09/2022 08:21

I think it’s because of a peculiar EAT ruling that says that making the part time worker lose out in this situation is not a breach of the part time worker regulations. It is not less favourable treatment because they work part time. Instead it is less favourable treatment because they happen not to work on Mondays, which is something different. Esoteric but true.

PerfectlyPreservedQuagaarWarrior · 15/09/2022 08:31

willithappen · 15/09/2022 07:15

@PerfectlyPreservedQuagaarWarrior you didn't give any example of what was open so 'probably more than Christmas' doesn't really cut it as a response.

And not being funny but claiming it's just normal bank holiday like any of the others is quite ignorant. We all know why it's being given. We all know what it's for, we all know without the Queen dying and her funeral being that day we wouldn't be getting it.

Directly from gov website on the announcement of it:

"This will allow individuals, businesses and other organisations to pay their respects to Her Majesty and commemorate Her reign, while marking the final day of the period of national mourning.
This bank holiday will operate in the same way as other bank holidays, and there is no statutory entitlement to time off. Employers may include bank holidays as part of a worker’s leave entitlement."

So even then it's up to employer. No one is entitled

The only sentence that matters in there is the bit where you quote Gov.uk saying it operates the same way as other bank holidays. Because it is the same. There's no statutory right to time off then either. It's simply a bank holiday.

jacostajune · 15/09/2022 08:46

@Figmentofmyimagination Mondays are specifically mentioned here:

www.mylawyer.co.uk/part-time-work-a-A76056D76203/

GoTeamRocket · 15/09/2022 09:10

PerfectlyPreservedQuagaarWarrior · 15/09/2022 08:31

The only sentence that matters in there is the bit where you quote Gov.uk saying it operates the same way as other bank holidays. Because it is the same. There's no statutory right to time off then either. It's simply a bank holiday.

There is no statutory right. But in some cases there is a contractual right to bank holidays.

It is a matter of people just reading their employment contracts.

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