Holiday Pay - can anyone tell me if this is right?

[bluewonderful]

I am on mat leave at the moment. Each month work pay me my stat mat pay plus pay for any public holidays that month (i.e. 2 days in December for Christmas and Boxing Days) plus pay for any accrued annual leave for that month (instead of it building up to be taken or paid for at the end of my leave).

I found out through colleagues that the office was closed on Christmas Eve and New Year's Eve effectively giving everyone 2 extra days' holiday (it did not have to be taken from annual leave entitlement). I asked HR if that meant I would be entitled to an extra two days' holiday pay. They have come back to me to say I am not entitled to it as it was not designated (by them) as either an official public holiday or extra days' annual leave and was just a benefit given for those people who would have been due to work on those days.

Is this right? It just seems a bit odd to me that it isn't a "holiday" if everyone is given the day off and the office is shut. Any advice would be much appreciated.

It seems odd to me that they pay you your leave whilst on Mat Leave. Im certain it is illegal to deny you bebefits whilst on Mat Leave - if everyone else qualifies for two extra paid days, you should too.

That was my thinking too. Just not sure how to approach it with them now.

The pay for leave thing was their suggestion but it works for me as I get a bit extra each month whilst trying to make the budget stretch on stat mat pay rather than only getting the benefit of it right at the end of leave/when I go back.

Your employer should not be paying you for holidays or bank holidays during your maternity leave. You are supposed to accrue it and actually take it, either before or after your mat leave. You can't be paid in lieu of holiday like this unless you are leaving employment, or unless you are taking these days as Keeping in Touch days, which you are allowed 10 of before losing SMP.

On the specifics here, you are entitled to accrue whatever paid leave you would have been entitled to should you have been in work, and are also entitled not to be treated less favorably as a result of your maternity leave.

Paid leave is paid leave, it doesn't matter what label they put on it, and you are entitled not to be penalised because you happen to be on mat leave.

Thanks Flowery. Might send them an e-mail on this basis.

But bit worried about your first paragraph. Seems this is what they have always done having spoken to others too. Their reasoning seems to be that they don't want people coming back to work with loads of holidays due (but don't most people just take accrued leave right before they return so effectively start getting paid before they physically come back to work?). How would public holidays accrue though? If I make a fuss could they stop paying me the accrued monthly leave and public holidays? They did give me a memo setting out that this is what they expected to pay so it is in writing.

Its definitely not KIT days as we have spoken separately about me going in to do some training and getting paid as KIT days.

You are entitled to your contractual benefits whilst on mat leave - so your employer is right that they can offer the two 'extra' days for those at work only, so long as you are getting your contractual stat hols/public hols.

Would agree it's odd to pay these as should be taken as actual time off (think to do with working time regs which is to do with getting appropriate rest - rather than just being paid for it). However that not such an issue if you are happy getting paid instead?

I work in HR by the way

Our office is also closed for a half day on Christmas eve/Hogmanay - but is only given to those in on that day - so not part time people (if not their working day) or those off on leave (of any kind) and even if you book a holiday off for that day, you have to book a whole day (even where we all know you get a half day).

"your employer is right that they can offer the two 'extra' days for those at work only"

No, because that means women on maternity leave are being treated less favourably, which is illegal discrimination. Just because something isn't written in a contract doesn't mean it's ok to give it to everyone except the women on maternity leave.

What's also illegal btw is treating part time staff less favourably than full time staff so if you really give extra holiday to people over Christmas but not to part timers who don't happen to be working those particular days, then you're on dodgy ground there too I'm afraid. Part timers cannot be disadvantaged due to their part time status and must receive pro rata the same holiday as full timers.

flowery I still disagree, if the 'extra' holiday is an informal arrangement then there is no entitlement to it for those on mat leave or pt.

Er... Ok then. Hope none of your part timers ever ask you to show them the bit in the legislation that says they are entitled not to be treated less favourably "except if it's something non contractual", because you'll have a hard time finding it!

In case anyone reading this is interested in the wording of the legislation for part time workers:

"Less favourable treatment of part-time workers

5.?(1) A part-time worker has the right not to be treated by his employer less favourably than the employer treats a comparable full-time worker?

(a)as regards the terms of his contract; or
(b)by being subjected to any other detriment by any act, or deliberate failure to act, of his employer."