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if you dont normally work a monday and the bank holiday is on a monday are you owed an extra days holiday?

34 replies

ssd · 08/01/2014 17:20

just to clarify, I normally work 3 or 4 days usually wed thurs fri sat, although I'm flexible and will change days if needed.

my holidays are 4 weeks a year.

if the bank holiday falls on a monday and its not my normal working day, do I get a day in lieu?

thanks

OP posts:
flowery · 09/01/2014 10:44

It's the pro rata ssd. If someone at your work does 5 days a week if they are full time, the basic statutory entitlement is 28 days. That includes bank holidays if they take those off.

As you work 4 days a week (sorry my mistake earlier I thought it was 3), you are entitled to 4/5 of that, which is 22.4. They could literally give you 0.4 of a day, or half a day, or they might round it up to 23. Entirely up to them. But the only thing that matters is that you get at least 22.4 paid days off a year, either normal holiday or bank holidays, doesn't matter which.

ssd · 09/01/2014 19:51

thanks flowery

OP posts:
Lovemytent · 17/04/2016 21:31

Appealing to Flowery - I know this is a zombie thread but you seem to know so much on this subject you may be able to help me. I work 3 days , but 8 hours on a Monday, and 6 on a Tue and Weds - total 20 hours. I have worked 20 hrs since going part time afetr Maternity leave 6 years ago.
Inititally i worked Tue, We d and Thur. Then for last 5 years Mon, Tue and Wed. I have NEVER had the bank hol pro rate concept explained to me by HR and have nver given it a second thought, and it has never been applied to me. But this year they have deducted 14 hours holiday from me for 'over benefiting' from Bank Holidays. I only found out as i had queried my quantity of hol allowance. They have never communicated this to me before.
Do you know where i stand if I want to contest this based on the fact after 6 years of working part time they are now essentially changing my allowances without communicating this to me in any way shape or form ???

flowery · 18/04/2016 11:37

What is in your contract/other correspondence about your holiday allowance lovemytent? Do you have something saying x hours holiday entitlement including bank holiday entitlement and saying that bank holidays will be deducted from that total? Or do you have something saying x hours 'plus bank holidays' or something else vague implying that bank holidays are over and above?

You are only entitled to a pro rata entitlement the same as full timers, so if you've been getting extra paid leave since changing to work Mondays, then obviously you have had 'too much' from that point of view, which is where this is coming from. But if all the correspondence you've had suggested that a non-specified number of bank holidays were just going to be granted on top, then that's not really acceptable.

Plus in any given year you must have 5.6 weeks holiday so you can't have that slashed because 5 years ago you had too much anyway - it's not that simple. In their position (assuming they are solid that it was clear that your holiday entitlement included bank holidays) I'd be looking at this as an overpayment and then making a decision about whether/how to recover it, rather than trying to reduce holiday entitlement so long after the event.

CountryLovingGirl · 18/04/2016 13:37

You should get a pro-rata allowance of bank holidays based on the number of hours you work. I don't work Monday either (NHS) and get the extra hols added to my annual leave to take when I like.

Lovemytent · 20/04/2016 21:05

Flowery - thank you so much for the reply. Apologies for the delay, have had a couple of stressful days and i'm only just catching up.

After thinking this through i was concerned about complaining and leaving a bad vibe on my record. (yes, i am paranoid, but in my company these things do count against you). The solution i have come up with is to simply request to change my days. No moaning, no arguing, just a straightforward request. Yes, its a cowards way out but i am non confrontational, and it'll solve the issue for me. I'll claw back some hours and will be set for the future. They would have won the argument anyway.
Am very grateful to you for giving me your time .

IceMaiden73 · 21/04/2016 14:57

The 0.4 should be rounded up to a half day

Yetty123 · 07/12/2018 20:54

Hi, I need help Ive gone back to work part time after having my baby girl. I work 23 hours a week my boss is saying im entitled 12 days.

Having looked on the gov website it says im entitled to 16.8 days holiday.

I currently work thursday, friday and saturday. Could anyone help me with this ???

Alfie190 · 12/12/2018 04:34

Very unlikely that you would be due a whole day in lieu, however your working patterns including no Mondays would have been considered when your annual allowance was calculated.

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