Royal Wedding Bank Holiday

[coodles]

I work a 4 day week, Mon - Thursday and have been told I won't get an extra Bank Holiday day for the wedding. It seems unfair but I'm not sure how far to push it in this economic climate.

Also I'm the only one affected in our small office as all the others work Friday anyway.

Any views/suggestions welcome.......

Seems fair to me as you don't work Fridays.

If it is a public holiday (as I think it will be) and you are entitled to be paid for public holidays, then you must be paid. That is the law.

Part timers are entitled to a pro rata time off for all public holidays if full timers are entitled to this.

So if the rest of the office gets the Friday off then you are legally entitled to pro rata time off.

you should get pro-rata bank holidays.

The other side of that is that you should only get 4/5ths of the other bank holidays - so should be making up the other 1/5th every bank holiday monday (although losing out on good friday and chirstmas/new year friday bank holidays).

I work mon-thu, and used to just take bank holidays as they fell if I was in work. I think I once calculated that doing it that way left me 2hrs better off over a 5 year period (I do 4 x 5hr days) than doing it the pro-rata way.

We had a merger and now I have to do it the 1st way, so I get my holidays + pro-rata bank holidays and I have to book all the time I have off (whether normal annual leave or public holidays) as holiday and it comes out of my total entitlement.

Firstly depends what your contact says. Those with 5.6 weeks don't get one.

Secondly even if you did have 4 weeks plus Bank Hols you don't work Fridays.

So nope I don't think you get one.

You should get paid a day's holiday pro rata (I.e. 80% of a day's pay) if all other emplyees are given a paid day off, just as you would if it was another fri bank hol e.g. Good Friday.
I would approach your HR or payroll person directly for clarification as ime they will understand issues most clearly.

ilovedjasondonovan and Gold - the OP is entitled to a pro rata share of the holiday entitlement that full timers get, though she may not be able to decide when she takes that time.

It depends what the arrangement is at the company. Those employees with 5.6 weeks written in their contract don't get the additional bank holidays this year or next.

This is assuming that noone else on the office is getting a 'free' day but having it taken out of the 4 weeks that's supposedly their choice though which seems to be the norm. If the OPs been told they won't get an extra Bank Holiday it would seem the others aren't getting an extra day either (so 5.8 weeks rather than 5.6).

Hi and thanks for the replies!

Reason I posted is that a colleague gets Wednesdays off instead of Fridays, so that week, she'll get 2 days off.

There does seem to be a lot of confusion around this extra day - my view was that as my B/H and Annual leave are calculated separately, I should simply be awarded an extra day and so far I've been told I won't be. The irony is that I actually work in an advice giving type job myself.

so, are your BH's currently pro-rata? ie do you get 8 x 80%, ie 6.4 days - and then take Easter Mon, May Mon's x 2, Aug Mon (so 4) plus Christmas/NY as they fall and then make up the shortfall/add the extra to your holiday?
Or do you happily take the days you are in / lose the ones you aren't (Good Fri & christmas/NY) but resent "losing" this one?

Gold - Op has the right to be treated in exactly the same way as full timers, whatever that is in this case.

coodles - you are entitled to the pro rata time off if others are getting the bank holiday. You arent entitled to a full day as you are not full time. Sounds like your colleague who gets 2 days off that week is being given too much holiday.

Squirrels, yes they are pro rata. This was only after a lot of persuasion and argumenbt which I can see being repeated again...

We have a new manager who doesn't seem to understand HR too well. My view was I get 80% of the day as I work 80% of the time.

in that case - and assuming that you colleagues are getting an "extra" day - rather than having to take the day off from their existing annual leave (which it doesn't sound like, but which I know some people will have to) then yes I agree - you are entitled to 80% of it - whether that is just as "additional holiday" to be taken whenever, or as a payment though?

Your colleague may be not working but is the day coming out of her holiday entitlement anyway?

A lot of people typically have 8 bank holidays the company choose plus 4 weeks they choose. This year many of those are getting 9 days the company choose leaving only 3.8 weeks if their choice.

This is why legislation changed to say 5.6 weeks pro ratad for part timers rather than the separate annual leave and bank holiday entitlements.

Gold - if employment contracts say 4 weeks plus public holidays then they must be given an extra days holiday.

Agreed that a lot of employers have amended contracts to simply state the number of days, but not all have.

Gold - no, Wednesday is her usual day off and the Friday will be given as an extra day for her and all the others who usually work it.

I wish I wasn't the only one affected as it makes it harder to challenge.

Pink I'm trying to establish whether the others are getting an extra day off though and whether that extra day is being taken from their holiday allowance as one the employer chooses. It's impossible to give an answer to the exception unless one knows the answer for the rule.

The fact the OP doesn't work Fridays complicates things because she may be entitled to the extra day if the whole compamy are being given it as an extra day but not necessarily. It also depends on the holiday amount in the contract (presumably a company standard) being pro ratad is.

But until we know whether the day off is extra, above and beyond the 5.6 weeks, it's impossible to say. The OP is not automatically entitled to extra time just because the company will be closed on a day she doesn't work.

The 4weeks plus BHs/5.6 weeks thing is to demonstrate how the holiday is worked out.

If everyone else is effectively getting 5.8 the OP should be paid, if they're getting 5.6 she shouldn't and most employers seem to be counting this extra day as part of the 5.6 rather than giving another day.

Okay so you have a nice company and everyone else is getting one extra holiday?

You should be getting 5.8 weeks pro ratad too.

Unless the contract says 4 weeks plus public holidays typically worked (which is what my old contract had). I was very glad when it changed to 5.6 weeks - made life much simpler.

Basically the OP is entitled to be treated the same as full timers Gold, I think we are agreed on that?

If they are being given an extra day's holiday she should get her pro rata share of that. If they don't get an extra day, then is not an issue.

I think we do - just approach it from different sides! Me that all companies are greedy money grabbing bastards and won't be giving free days holiday out.

I've had to explain to several (not stupid, highly educated) people exactly why they don't get an extra day of holiday just because it's a Bank Holiday.

I don't think companies give out free days holiday out of the goodness of their hearts either but a lot have contracts that are worded in way that does not envisage extra public holidays being given for royal weddings so they are obliged to give an extra day in this case.

As with a lot of things, it is all in the wording of the contract.

Anyway, I don't get paid holidays so it is neither here nor there for me.

If it's worded at 5.6 weeks though then the situation is covered (to their advantage) - it's more about custom than the wording in those situations. Most companies would be well advised to have a quick review because there'll probably be another one next year for the Jubilee! I think that's why companies aren't too keen to establish a precedent tbh.

Yes Gold that is why is is good practice for companies to word their contracts in terms of total holiday days, to include public holidays, rather than as number of days plus public holidays.

You are right, companies really need to review this but as it would be a change in terms that needs to be agreed by employees thay are unlikey to be able to bring this in to cover the day off for the royal wedding. I know I would not sign a new contract like that right now.

If they have worded contracts as number of days plus public holidays then they are legally obliged to give an extra day, it is not a case of giving it as a goodwill gesture. They have no choice if they want to avoid breaking the law.

i've always worked bank hols (retail) and never been given a day off in lieu for that..don't know if that's legal though

Depends on what it says in your contract, lolo.

There is no specific right to have bank holidays off but there is the right to the minimum 28 days holiday PA (for full timers)which can include bank holidays if stated in your contract but does not need to.

I would think that in retail your contract would just state total days hols as bank holidays would be regarded as normal working days.