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Work have said they wont pay us for hours worked on a bank holiday.

3 replies

Pharmacistquestion · 18/06/2020 19:13

I usually work 7.5h/day, 5 days per week.
Currently due to covid we are working a 4 on/4 off pattern of 10.5h shifts.

When they asked people to work the extended opening hours this was on a basis of goodwill, and we were informed we would be paid at agenda for changes rates for unsociable hours.

As part of this shift pattern, I have worked 2 bank holidays at 10.5h each.
Today we have been informed that we will only be paid / given time back for 7.5h as that is a "normal working day".
This would mean that I have worked 6 hours basically for free over the 2 bank holidays.

Agenda for change states
13.4 Staff required to work or to be on-call on a general public holiday are entitled to equivalent time to be taken off in lieu at plain time rates, in addition to the appropriate payment for the duties undertaken.

Would I be correct that I should be entitled to 10.5h for each as that is what I worked?

OP posts:
readytoretire · 18/06/2020 22:47

I think they are right. To keep maths easy let's say one person works 40 hours a week by doing 5 days of 8 hours, one of which is a bank holiday. They get paid for the 40 hours and also get 8 hours in lieu for the bank holiday assuming normal working day is 8 hours. The second person works their 40 hours over 4 days of 10 hours each, one of which is a bank holiday. They would only get 8 hours in lieu for the bank holiday as if they got 10 they would be getting an extra 2 hours of bank holiday leave over the first person. The rule is to ensure that even if staff are working a bank holiday they still get their bank holiday entitlement. Over the course of the year that means that any staff, no matter what their shift pattern should get their full entitlement of bank holiday hours (and no more). This is why staff who work compressed hours etc usually have their holiday worked out in hours.

GoldenBlue · 19/06/2020 09:09

You will be paid for the hours you worked (at bank holiday rates)
plus time off in lieu of 7.5hrs bank holiday to allow you to take a 'bank holiday' day off in the future

ChateauMargaux · 19/06/2020 16:22

This is complicated by the fact that presumably this 10.5 hour days on 4 on 4 off structure is temporary as usually these things are worked out and equalised on a yearly basis.

Is your holiday usually counted in full days or are they booked in hours?

Are you paid in hours or are you paid a monthly set amount?

There is an argument for allowing the day in lieu to be taken as a whole day if you are monthly paid.

But as your daily hours and days off are different under the 4 on 4 off system, the bank holiday rate would be worked out in hours not days.

Over 8 weeks, under the 7.5 hour system, you would have worked 7.5x5x8 minus 7.5x2 so 285 hours assuming 2 bank holidays in that period.

Under the 10.5 hour system you would have worked 10.5x4x7= 294 hours

Not sure that helps greatly but hopefully it shows you are not being short changed.

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