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Original poster

Queens funeral bank holiday entitlement

46 replies

BankHolidayQuestion · 18/10/2022 13:46

I wonder if anyone can advise me? Not sure this is a bill to die on...

I work 24hrs over 3 days per week for a private company, 150-200 employees. My annual leave entitlement is 27 days (pro rata) plus 8 bank holidays. My contract states that when the number of BH is increased or decreased in a year, then my entitlement will be increased/decreased accordingly.

We are technically a health care provider so were not required to close for the Queens funeral. But we did, and no staff worked. Monday is not one of my working days. Therefore full time and Monday working part timers benefited from the holiday. And anyone who was on annual leave on that day got their leave day refunded. Anyone who doesn't work Mondays has been denied any BH hours entitlement. To me this feels like discrimination against a small group of staff. I have asked for clarification a couple of times and the party line is that this was the decision of senior management and that's that.

Do I have a leg to stand on? Should I push this for the sake of 5 hrs? My contract wording implies that I am entitled to it but it seems a grey area...

OP posts:
burnoutbabe · 18/10/2022 14:08

I fought for mine --I only work one day a week so it's 2 hours.

But there was a principle for the other part time workers. All women and none as senior as me.

Plus there was also the extra day for the jubilee. So for me an extra half day total and the others a day.

When I say fought I just politely explained we'd been overlooked and it was adjusted. If management had refused I'd have raised it higher.

Chasingsquirrels · 18/10/2022 14:11

We got the day pro-rata.
I work part time, inc Mondays, I got 4.8hrs but had to take 6hr.
We had a couple of new starters this year, they got the day pro-rata for the proportion of the year either were employed, but again had to take the full day off.

Your contract seems to say you are entitled to it, definitely push back.

TroysMammy · 18/10/2022 14:21

I don't work Mondays but was supposed to work 5 hours on that day to cover a colleague's annual leave. I lost money even though I had and would normally have the day off. However all my colleagues also got the day off and were paid for it. My colleague who was on holiday will also get an extra day off as well. I always get the shitty end of the stick.

Looneytune253 · 18/10/2022 14:27

I don't understand these new rules. Surely if you don't work a bank hol day you shouldn't be entitled to the holidays. I hate the culture we have these days always whinging things are unfair when we don't get something

elm26 · 18/10/2022 14:32

No answers but following as I also work 3 days a week and miss Monday and Friday bank holidays

Marellatea · 18/10/2022 14:36

I bloody hate working Mondays! As a part-time employee I’m penalised by the Monday bank holidays - next year for I’m going to have to use a weeks worth of my holiday allowance to cover days that I would actually quite honestly rather work! While my colleague (who doesn’t work Mondays) gains loads of hours - and can use them when she actually wants time for off.

The whole system is unfair imo.

Having said that, OP, it does seem unfair in your situation so I would argue your case.

givinglessfucksdaily · 18/10/2022 14:40

No one is penalised as extra hours are given on a pro rata basis

If you were not given a small increase then they are wrong , raise it to them that there should be a small additional increase of leave hours as per their policy .

SirCharlesRainier · 18/10/2022 14:41

Looneytune253 · 18/10/2022 14:27

I don't understand these new rules. Surely if you don't work a bank hol day you shouldn't be entitled to the holidays. I hate the culture we have these days always whinging things are unfair when we don't get something

The culture where people don't think it's right that they're denied something their employer has contractually agreed to?!

tigger1001 · 18/10/2022 14:43

I think it may well depend on how your employer worded it.

We get a fixed number of bank holidays included in our holiday entitlement and generally we are open for all bank holidays with the exception of Christmas and new year. Our work decided to close for this, but didn't increase the number of bank holidays - it was given as a special circumstance day. Staff could opt to work if they wanted to and claim time worked back. As it wasn't given as a holiday anyone who didn't work Mondays wasn't given the hours back.

Similarly when the office closes for staff functions etc those who don't work on that day don't get these hours back. Christmas Eve is a good example - the office generally closes at lunchtime but if you want Christmas Eve off, you need to book enough hours to cover your normal day not just a half day.

Princessglittery · 18/10/2022 14:49

@BankHolidayQuestion There is a long thread on this www.mumsnet.com/talk/am_i_being_unreasonable/4633160-if-you-dont-usually-work-mondays-and-now-theres-an-extra-bank-holiday

In your situation you are contractually entitled to the extra BH so your employer has discriminated against you by not giving you the extra holiday. This is a mixture of contract law, Equality Act 2010 and Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

GlasgowGal82 · 18/10/2022 14:59

I like the way my work handle these situations - they apply an additional days leave to the system for everyone (or the pro rata equivalent if you work PT). Everyone is then required to book the allocated day off (unless there's a particular business need and it's agreed they will work). I don't work Mondays so was already off and gained an extra 5.5 hours leave to take at a later date. If the additional holiday had fallen on one of my working days I would have had to use a bit of existing holiday or flexi time in order to take the whole day off. It's much fairer than anywhere else I have worked before.

Looneytune253 · 18/10/2022 15:35

@SirCharlesRainier I just mean that if you don't work a Monday you traditionally would have lost it. I know laws have changed recently but you never used to get all bank hols to be 'fair'

OverTheHillAndDownTotherSide · 18/10/2022 15:38

Looneytune253 · 18/10/2022 14:27

I don't understand these new rules. Surely if you don't work a bank hol day you shouldn't be entitled to the holidays. I hate the culture we have these days always whinging things are unfair when we don't get something

Part time workers legislation is very clear. Read it before advising others.

OverTheHillAndDownTotherSide · 18/10/2022 15:39

Looneytune253 · 18/10/2022 15:35

@SirCharlesRainier I just mean that if you don't work a Monday you traditionally would have lost it. I know laws have changed recently but you never used to get all bank hols to be 'fair'

You’re out of date. Part timers must receive the same as full time workers, pro-rata’d. That’s the law.

Reallybadidea · 18/10/2022 15:43

Looneytune253 · 18/10/2022 15:35

@SirCharlesRainier I just mean that if you don't work a Monday you traditionally would have lost it. I know laws have changed recently but you never used to get all bank hols to be 'fair'

Presumably you'd be OK with your employer deciding to take a day's leave out of your entitlement for no reason then? Or would that not be 'fair'?

prh47bridge · 18/10/2022 15:49

The way you've worded your OP suggests that they have adjusted your holiday entitlement pro rata but not your bank holiday entitlement. That means you are actually being given more holiday than you are entitled to. If full time staff get 27 days plus 8 bank holidays, you should get 21 days including bank holidays. If you get more than that, they are giving you more than your entitlement.

However, the critical thing here is that your contract says that your bank holiday entitlement is increased/decreased if the number of bank holidays in a year increases or decreases. They therefore could be on shaky ground saying part time staff who don't work on Mondays don't get anything. And if they pro rata your whole holiday entitlement correctly, including bank holidays, they are definitely wrong.

Looneytune253 · 18/10/2022 15:51

@OverTheHillAndDownTotherSide I'm perfectly aware of the laws, which is why I've referred to them in my posts. I just don't see why if it's not a working day why it matters

Looneytune253 · 18/10/2022 15:52

@Reallybadidea I'm self employed so it's a moot point BUT if I didn't work a Monday why would I then expect to be paid for the day off I already have. (Im aware that the law now says this but im just saying I don't even know why this changed)

dementedpixie · 18/10/2022 15:56

Looneytune253 · 18/10/2022 14:27

I don't understand these new rules. Surely if you don't work a bank hol day you shouldn't be entitled to the holidays. I hate the culture we have these days always whinging things are unfair when we don't get something

People who don't work bank holidays still get a pro rata amount of bank holidays to take as annual leave. You can't penalise people for working part time. If full time staff got an extra day off then part time employees should get a pro rata amount of holidays to take too.

kitcat15 · 18/10/2022 15:59

Looneytune253 · 18/10/2022 14:27

I don't understand these new rules. Surely if you don't work a bank hol day you shouldn't be entitled to the holidays. I hate the culture we have these days always whinging things are unfair when we don't get something

Of course you are entitled if you get pro rata anyway....I used to have Mondays off ...any Monday BH gave me an extra 6hrs to use as and when I wanted.....I'm nhs

kitcat15 · 18/10/2022 16:00

Looneytune253 · 18/10/2022 15:52

@Reallybadidea I'm self employed so it's a moot point BUT if I didn't work a Monday why would I then expect to be paid for the day off I already have. (Im aware that the law now says this but im just saying I don't even know why this changed)

Its not difficult to understand why surely 🙄

kitcat15 · 18/10/2022 16:02

Looneytune253 · 18/10/2022 15:51

@OverTheHillAndDownTotherSide I'm perfectly aware of the laws, which is why I've referred to them in my posts. I just don't see why if it's not a working day why it matters

Well it matters ro the Monday day off person.....if the Tuesday day off person is only working 3 days that week....and getting paid to take 6 hours of the bank holiday

Looneytune253 · 18/10/2022 17:05

@kitcat15 yeah actually. I just don't like the culture we have these days where everything has to be 'ultimately equal' it's ok to not get an extra day off when someone else gets that day if you don't actually work it. It's like when the sahms complain they're not entitled to free childcare (erm, you don't need it). Just be happy for those who get something nice. Don't go round trying to make everything equal all the time

Looneytune253 · 18/10/2022 17:06

I understand mine is an unpopular opinion. I just wish there was more common sense in the world

BattenburgDonkey · 18/10/2022 17:09

Looneytune253 · 18/10/2022 17:05

@kitcat15 yeah actually. I just don't like the culture we have these days where everything has to be 'ultimately equal' it's ok to not get an extra day off when someone else gets that day if you don't actually work it. It's like when the sahms complain they're not entitled to free childcare (erm, you don't need it). Just be happy for those who get something nice. Don't go round trying to make everything equal all the time

It’s not a culture, it’s employment law, that’s why the OP wants what she’s entitled to. Claiming others lack common sense because you don’t agree with the working laws is a bit daft really.