can anyone advise me about rights at work re bank holiday entitlements?

[ssd]

I work 20 hrs, Mon to Thursday 5 hrs per day.

its always mon, tue, wed and thurs every week

I notice that xmas day and boxing day are sat and sun this year, am I entitled to the days off in lieu, eg. the mon27th and tue28th off the following week?

thanks

What does your contract about your holiday entitlement? It really depends on how your contract is worded.

Broadly, however, you are legally entitled to 5.6 weeks' holiday, which in your case would be be 22 and a half days I think (excuse my maths if its wrong! You might get more under your contract.

There is no legal right to time off for bank holidays, only to the 5.6 weeks which is inclusive of them. As long as your employer gives you enough paid days off, you are not entitled to extra in lieu of bank holidays that fall on a weekend.

Check your contract. When I was part time they made adjustments to my annual leave allowance to allow for fairness over total amount of time off rather than those who worked Mondays scoring far more time off as that's when the majority fall if you look at the whole year. But other employers explicitly don't do this and you get what falls on your working days.

If yours is silent on the subject, then make your case to your line manager or HR people.

if you normally work mon to thurs and hte majority of bank hols are a monday, you are probably getting more than you are entitled to - you're getting 25% of your working week off every time there's one on a monday, and a full time worker is only getting 20%. I haven't done the maths to work out exactly whether you're better off or not.

When Xmas and boxing day fall on a sat and sunday, it's usually the monday and tues that are the bank hols anyway.

I haven't got a contract and I work all the bank holiday monsays, I don't get them off

Just to let yu know if Christmas and/ or Boxing Day fall on a Saturday or Sunday, the bank holiday always moves to the next working day.

So this Christmas Monday 27th Dec and Tuesday 28th Dec will be bank holidays, which means that if you don't work bank holidays normally in your job you will get them off anyway.

thanks!

Part timers have a legal right to the same treatment as full time employees in the company, and if full timers are entitled to paid time off for bank holidays a part timer must be given days off pro rata dependent on their hours worked. it is a legal right and cannot be overridden by a contract of employment.

Therefore, onimolap, if an employer does not give compensatory days off to those part timers who miss out on their pro rata bank holidays due to their woreking days not falling on bank holidays, they are breaking the law. It does not matter if it is specified in their contract, an unlawful contract term cannot be enforced. I had exactly this problem in a previous job where my working days were Weds, Thurs and Fri and i missed out on most of the bank holidays. I had to threaten to bring an official grievance before my employer backed down and gave me the extra holiday.

I have a similar part time arrangement. It gets worked out a full holiday entitlement + BH days (6 I think) (so 36 days in my case) and then actual days is worked out by percentage (pro rata)

If a BH occurs during a normal working day for me I have to take it as annual leave to be paid for it as this is worked out within my entitlement.

Sorry, I hope that makes sense.

ssd - legally you should have a contract, or so I understand.

Sorry, sent to soon. FWIW, my contract is Wednesday/Thursday/Friday, but I still get the 6 'days' (in which one day = 4 hours for me) added to my annual leave. I queried it at the time, but it's my entitlement.

How it works in our part of the health service is this: They add up the hours of annual leave you are entitled to (so the number of days leave you get a year x 7.5 hrs which is a full time working day). Then they do the same for BHs ie 8 BH days x 7.5 hours. Then they add the two together. That gives you total hours of leave. If a BH falls on a day you would normally work, you have to take off the number of hours you would normally have worked so if you are full time you have to take 7.5 hours of leave. If a BH falls on a day you dont work, then you still have the hours in the pot as it were.

If you are part time, the annual hours of leave are just reduced pro rata. I work 33 hrs a week of a potential 37.5 so I work out my full time entitlement, divide it by 37.5 then multiply by 33.

Hope that makes sense

serenity - 6 days ? are there not 8 bank holidays?

gbtw is right, it's 8 days BH

(NY day, Good Friday, Easter Monday, the two in May, one in August and then the two at Christmas)

I took 6 days from Jareth's post as I was too lazy to work it out 8 days extra holiday, even even better!

yes, I muffed it up :)

May I ask this similar question on behalf of a pal?
She works only Mondays and Thursdays and her boss makes her take the bank holidays as a day's holiday, even though the practice is closed.

Hinny, that would be correct, yes.

Thank you! So even though other staff get it as a bank holiday (those who work other days)?

Yep. Your BH entitlement gets added to your annual leave entitlement.... so if she would get 20 days holiday a year, plus the 8 days she'd have 28 days off in total. As she only does 2 days she'd get 40% of this (11.2 days, rounded up to 12) This means that if a BH falls on a day that she would normally work, she needs to take it as holiday or she won't get paid for it.

Great, thank you for that. I'll show her the thread on Friday, cheers :)

I am not sure about the 11.2 rounded up to 12. At my place they would round down to 11. You have to be more then the .5 or and then it is rounded up or you lose the tiny bit. Not sure if this is usual.

going - I was just saying what happens at my place. :)

they are very generous - I should pass on the idea to my employer!

yeah, they're pretty good (you don't want to know what I get for mat leave

yes i do

old employer 6 months at 90% pay

new employer - stat maternity pay

bit of a difference

what industry is it?