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Bank holidays for part timers (NHS/AFC). ? Discrimination

5 replies

Supermum222 · 07/05/2014 13:40

Hi,

I work 20 hours a week for the NHS. I have worked those hours for the last 10 years (used to be full time). I changed hospitals a few years back.

Anyway, I have long service extra leave as I have over 10 years in and my holiday and bank holiday allowance are given to me, at the start of April, pro rata. Usually, I only have Good Friday taken off me (as I work Friday's) and the rest I am free to use over the year as annual leave.

Anyway, my working days don't include Monday's but I was told to work last BH Monday (May Day). I have been told that I don't get lieu leave back like everyone else and I only receive pay. The others (even other part timers who work Monday's normally) get paid and lieu leave back. The people who work Monday have the bank hols deducted at the start of the financial year so they don't run out and forget they have to deduct the bank hols. Thus, if they work the bank holiday Monday they get the time back in lieu. So, why am I not allowed it back if it is a day I don't normally work?

I have always had lieu leave plus pay for working BH Monday's in the past as it is hours forced on my over my normal contracted hours.
It is my immediate senior (who has been wrong about policies in the past) who has decided this is the new rule. I have also been 'put down' to work more bank holidays than everyone else this year (I am part time)!!
Where do I stand with this? Am I being taken advantage of?

OP posts:
Bearcatt · 07/05/2014 19:22

Hi Supermum
I work in NHS too.
All of us work PT in our area too and get our Annual leave allocated in hours on a pro rate basis.
I do work on Mondays, so get all the bank holiday Mondays (7.5 hours per Monday)knocked off my leave at start of April for the year along with any other bank holidays ie Xmas / new year that falls on my work days (as you said it makes it easy to see what you have left).
Therefore, if I had to work a bank holiday Monday I would get those hours given back to me and get paid, there is a section in the AfC handbook that states this.
Now in your case you do not work Mondays, so you have never had those hours docked from your leave at the beginning of April anyway, you still have them within your leave allowance, so in this case I think that your manager is correct, you will get the bank holiday pay, but will not get any extra hours back because they have never been taken away in the first place.

Supermum222 · 07/05/2014 20:00

I understand what you are saying but because I worked Monday I worked forced overtime. I did these hours over and above my normal contracted hours without choice.
If it the case that I won't get lieu they will put me down to work all bank holidays. Can you see where I am coming from?

OP posts:
Bearcatt · 07/05/2014 20:16

You should get paid extra anyway for bank holidays depending on your banding (check AfC handbook) so you will get extra in your pay packet.
You can use your 'bank holiday hours' elsewhere in your leave year.
I think you can only discuss with your manager if you feel you are working all the BH's and your colleagues are not doing their share.

SauvignonBlanche · 07/05/2014 20:19

You need to check your trust's annual leave policy. HR or your union representative could help explain the details.

ImpatientOne · 07/05/2014 20:21

I am PT NHS staff too and I agree that Bearcatt has it right that you can't have the hours 'back' as you haven't had them taken. I think the BH working is another issue that you need to discuss with your manager.

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