If your shift pattern means you don't work on Mondays should you get Bank holidays in lieu?

[Smiley1303]

My daughter (only 17) works in a hair salon, there are 3 apprentices and they have to divide the week up for the days they work, the days my daughter doesn't work is a Monday and Saturday. As there are 2 Mondays in May that are bank holidays, I said to her she should be getting the bank holiday in lieu as the other 2 girls are getting those days off, so with 4 bank holidays a year on a Monday the other 2 girls get 4 extra days holiday a year than she is. She spoke to her boss who said she is not entitled to any day in lieu, and because she is off on a Monday it's just tough! It's not her choice not to work on Monday's, that's just how the salon did the shifts so I don't think it's fair that she is losing out, does anyone know the law on this ? Thanks in advance

She is entitled to those days. If she is full time, then she gets all 8 BHs. Some she will need to take on the relevant date (good friday/xmas day/boxing day/NYD when not a Monday), the remaining should be credited to her leave balance to use throughout the year.

What does her contract say?

Most places I have worked would give you it in lieu as they have been counted separate to annual leave entitlement

However:
"Bank holidays
"Bank or public holidays do not have to be given as paid leave.

"An employer can choose to include bank holidays as part of a worker’s statutory annual leave."

www.gov.uk/holiday-entitlement-rights

Not all companies cover bank holidays with a free day off, they can ask that it comes out of their leave allowance.

So it depends on that. If employees don’t need to use their annual leave for the bank holidays then she is entitled to a day in lieu.

Does she get 5.6 weeks annual leave including bank holiday's? Could it be those days are already included and the others are just taking/or having them taken out of their annual leave entitlement?

She isn't entitled to have bank holidyas off but is entitled to 5.6 weeks annual leave.

when I worked p/t I didn't work Mondays so got the hours to take annual leave at any other time. I had b/h added on to my regular hours on my sheet

Whatever they offer it should be fair to all. This is not fair.

I don't work Mondays. I work three set other days so I get 3/5 of the number of Bank Hols that year (rounded up).

I am assuming all 3 work full time 5 days a week and only get the statutory 5.6 weeks (28 days including BH).

What your daughter needs to do is do a table with the first labelling each row and then one for each employee.
Column 1 - label rows as follows
gross leave entitlement
Working days
list each BH e.g. NYD, GF, EM, MD, SBH, AB, XD, BD against NYD, XD and BD state the day of the week each falls in 2021.
Sub total BH falling on working days
net leave, gross leave -BH falling on working days.

Columns 2-4
28 days
against each BH either state 1 or NWD based on working pattern
Sub total add up 1s
28 - sub total = number of days leave they can take each year.

She could do the same table but allocate different days to BH to illustrate that all three employees will get different net leave depending on when these BH fall.

Show this to her manager along with a link to the gov.uk page www.gov.uk/calculate-your-holiday-entitlement

@SummerHouse

Whatever they offer it should be fair to all. This is not fair.

It might not be fair but it's what many companies do. As long as she is getting 5.6 weeks in total she isn't entitled to any more, regardless of whether her colleagues do or not. I'm surprised by the responses on this thread - it's well known that many part-time workers ensure they work Mondays as you get more time off because of Bank holidays.

I must be lucky with my employer.
I chose not to work Mondays so I would have more choice throughout the year of when to take my annual allowance. My colleagues who work Mondays HAVE to use a days leave each BH whether they want to or not. I don't, and I don't have to work those days either.

She is entitled to 28 days holiday regardless of bank holidays. Does she get 28 days?

How many days does she work?
If she gets 5.6 weeks worth of holidays then that's the legal amount. The people having the bank holidays off are likely to be getting them deducted from their holiday entitlement so its not benefitting them to have Monday as a working day. Your dd won't get that day deducted as she doesn't work it and therefore has more choice as to when to take her holidays.

She needs to check her contract to see what it says about holiday entitlement

I can't imagine that a salon has a super generous holiday policy so would guess that BHs are included in the statutory leave. That means those who usually work Mondays will have to use a day's leave. Whereas your daughter can take her holiday when she wishes. It all evens out

it's well known that many part-time workers ensure they work Mondays as you get more time off because of Bank holidays

It's the opposite.

If you work part time and it includes Mondays, then you lose out. Office closures on BH Mondays need to be covered by either a BH day (of which you only receive a pre rata amount), or, once all your BH days are used, you use an AL day.

If you work PT you should never choose to work a Monday

I work part time-Wednesday/Thursday/Friday. I don’t get any Monday bank holidays off or any time in lieu-i can’t see how it would work!

I think she is very young and there are 3 others at her grade.
If she wants to get ahead she should not complain and just work as hard and as willingly as she can...

To the poster who said part timers get more holiday for working Mondays is totally wrong!

I used to work mom, tues, wed. My job share collegue did wed, thurs, fri.

Has BH tend to fall on Monday. And as I was part time, my BH were pro rata'd
So for example I would get 3 out of 5 BH as BH... the other 2 had to come out of my annual leave.
The collegue i job shared with would have 3 extra days added to her holiday entitlement

So no you would not choose to work a Monday if you were part time! If you could help it.

she is entitled to 5.6 weeks or 28 days if she normally works on a monday her employer can deduct 1 day from 28 if she doesn't work mondays she can't deduct a days annual leave, basically all 3 apprentices get 28 days if the hairdressers shuts when it is a BH those that work that day get a day's annual leave, if you don't work anyway you don't get holiday deducted
it is perfectly legal for an employee to decide when you can and can't take annual leave, but you can't deduct a day if she wasn't due to work that day anyway
if the employer says you get 8 bank holidays and 20 days free choice, then if a bank holiday falls on a day you don't work normally you get a day in lieu , this could be complicated if the Mondays and Saturdays off are not contractual or sometimes vary like to cover for other staff but over the year she must get her 28 days off, you can't count days when you don't normally work so if the hairdressers is shut every Sunday it is not annual leave but if it is normally open on Mondays then it is if you work Mondays
she just needs to check how her 28 days work if she works 5 days a week 52 weeks a year that is 260/261 -28 so she should not ever work more than 232 or 233 days depending on which day the year starts as year is 52 weeks and 1 day

Thanks all, we are going to look at her contract. It is not her choice not to work Monday's it is just her given day off by the salon. She does work incredibly hard but also wants to be treated fairly, I don't think because she is young she should be exploited just because she should be demonstrating how hard she is willing to work. She is constantly being told by the managers that she is a hard worker.

@WindowsSmindows

I think she is very young and there are 3 others at her grade. If she wants to get ahead she should not complain and just work as hard and as willingly as she can...

I hope you are not an employer

What is her annual leave entitlement?

There are several incorrect responses on this thread mixed in with some good advice.

Your daughter is entitled to 5.6 weeks paid annual leave each year. If she works a 5-day week, that is 28 days in total, including bank holidays. However, you say she doesn't work Mondays or Saturdays so, assuming the salon is not open on Sundays, she is working a 4-day week. That means she is entitled to 22.4 days annual leave including bank holidays.

This year, three bank holidays fall on her normal working days (New Year's Day, Good Friday and Boxing Day), so she should have 19.4 days annual leave in addition to that.

Note that the above figures assume her employer is giving staff the legal minimum annual leave. If her employer gives full-time staff more than the legal minimum, her entitlement will also go up. If, for example, full-time staff (i.e. those working 5 days a week) receive 25 days annual leave plus bank holidays, that is a total of 33 days. Your daughter would therefore be entitled to 26.4 days annual leave including bank holidays.

If your daughter is getting at least as much annual leave as her entitlement she is not entitled to time off in lieu for bank holidays. If she is getting less than her entitlement her employer is in breach of the working time regulations.

@prh47bridge exactly this!

What the knowledgeable PP said up there!

That said I've always worked Wed - Fri and don't get or expect Monday bank holidays. I do get more than the bare minimum statutory leave though.