Bank holidays and the law

[takemetomars]

Can anyone point me to a source which definitively states the law around workers who do not work on a Monday receiving annual leave in lieu as they do not benefit from the bank holidays?

Maybe not the point, but 5.6 weeks plus BHs seems like quite a good deal. It could be that if your company realise they are wrong, they may just bump everyone down to the standard 5.6 weeks inclusive of bank holiday.

@TroysMammy

This is my understanding, I work Wednesday, Thursday, Friday, 3 days week annual entitlement 14 days holiday. Pro data bank holidays 3. This year 9 bank holidays, 1 on a Thursday, 2 on a Friday therefore 14 days holiday to be booked. 6 Bank holidays on a Monday and Tuesday, not working days therefore not paid.

Colleague working Monday, Tuesday Wednesday, 3 days a week annual entitlement 14 days holiday and pro rata 3 days bank holiday. This year 1 bank holiday on a Thursday and 2 on a Friday, not a working day, don't get paid. Out of remaining 6 days bank holiday, take off 3 as they are the pro rata entitlement which leaves 3 days bank holiday left. It's these 3 working paid days off that colleague is also having which means in effect this colleague gets 17 days paid holiday and 3 days pro rata bank holidays totalling 20 working days off.

Whereas I get 17 paid days off a year.

In 2023 only one Bank Holiday is on a Friday so I will still have 17 days off but colleague will have 14 days holiday, 3 days pro rata bank holidays and 4 extra paid working days off so will have 21 working days off and I will have 17. No it's not fair.

That's so wrong the other worker should get that time deducted. When I worked 18.5 hours wed-Fri if there was a bank hol Mon I got 1/2 day extra, bank hol Fri I lost 1/2 day.

@autienotnaughty I know it's unfair but I queried it with the Practice Manager and it has been decided with the GPs and my colleague that they are right and I am wrong. Now if she is not being paid for that day off which I highly suspect she is then that would be fairer. We are having a new Practice Manager soon so I'll just bide my time and raise it again.

[quote TroysMammy]@autienotnaughty I know it's unfair but I queried it with the Practice Manager and it has been decided with the GPs and my colleague that they are right and I am wrong. Now if she is not being paid for that day off which I highly suspect she is then that would be fairer. We are having a new Practice Manager soon so I'll just bide my time and raise it again.[/quote]
Are you nhs ?

@autienotnaughty General Practice like the OP.

[quote TroysMammy]@autienotnaughty I know it's unfair but I queried it with the Practice Manager and it has been decided with the GPs and my colleague that they are right and I am wrong. Now if she is not being paid for that day off which I highly suspect she is then that would be fairer. We are having a new Practice Manager soon so I'll just bide my time and raise it again.[/quote]
You could raise a formal grievance. If you call ACAS, they can give you the relevant information you can use to back up your case.

@WeeFinbar

Maybe not the point, but 5.6 weeks plus BHs seems like quite a good deal. It could be that if your company realise they are wrong, they may just bump everyone down to the standard 5.6 weeks inclusive of bank holiday.

Not that great really....most NHS and LA get 6.6w plus BH

I have come across this issue so many times before. Basically the BH entitlement or detriment should divided between the two posts, as each is 50% of a full time post.

One (public sector) place where I worked issued contracts saying annual leave entitlement was 20 days plus bank holidays. Fine but then there was no mention that (owing to a union agreement dating from the 1970s) the service also closed on the day before Good Friday, the day after each May and August and January bank holiday and between Xmas and New Year, giving full time employees eight further days’ leave.

It was extremely difficult to
work out holiday entitlement for staff working various fractions of full time hours!

@ItsYabbaDabbaDoTime

I have come across this issue so many times before. Basically the BH entitlement or detriment should divided between the two posts, as each is 50% of a full time post.

One (public sector) place where I worked issued contracts saying annual leave entitlement was 20 days plus bank holidays. Fine but then there was no mention that (owing to a union agreement dating from the 1970s) the service also closed on the day before Good Friday, the day after each May and August and January bank holiday and between Xmas and New Year, giving full time employees eight further days’ leave.

It was extremely difficult to
work out holiday entitlement for staff working various fractions of full time hours!

It shouldn't be hard to work it out. Work out the number of days/hours that a full-time employee is paid for. Calculate the part-time employee's hours as a fraction of the full-time employee's hours. E.g., 0.4, 0.8, 0.65.

Multiply the number of hours the full-time employee gets by the fraction. That's the amount of leave the part-time employee gets.

E.g. full-time employee gets 120 hours. Part-time employee has a 0.8 contract. Part-time employee gets 96 hours. (120×0.8)

The best way to illustrate this to an employer is to do a worked example for a job share e.g. employee A works Monday, Tuesday and Wed AM and Employee B works We’d PM, Thurs and Fri. Make Christmas Day, Boxing Day and NYD fall on a Mon/Tue. It really illustrates well why you need to adjust leave.

@QueenB5

It all depends on the wording of each of their contracts. Unfair as it seems as long as worker B gets her statutory legal requirement of days then they doesn’t really have a case. Worker A’s contract should state she gets her stats plus bank holidays. To create harmony in the business the employer at their discretion could give B their holiday pro rata with BH added but public sector companies tend not to always care.

No, that’s incorrect. If a full timer benefits from extra days off with bank holidays, the part timer who doesn’t work Mondays will get those as additional leave pro rata.

I know as this happened to me this year. Thankfully I knew my rights as a part timer (and had worked as a full timer at this firm for 13 years prior to going part time) and I won against my HR department, who for some reason thought they were right despite it being quite simple law (they weren’t).

You cannot treat part timers less favourably than full timers. It’s illegal.