Holiday entitlement this Xmas. I’m adamant my employer is wrong!

[Rallyaround]

So I have 28 days annual leave. But 8 of those are for public holiday and 20 when I choose.
These 8 obviously cover bank holidays and Xmas and new year. In Scotland the 2nd is a bank holiday therefore covered by those 8.
So I was told two of the annual leave days will cover the Xmas and new year weeks. So as Xmas is on a Sunday I assumed the days would be Monday and Tuesday. However I have been told this morning that we are expected to work Tuesday to Friday. So I said ok I’ll presumably have that day in lieu. I was told no I just lose it.
I have argued that this I’m sure is incorrect.
they want the business operating on the Tuesday which I get and I’m fine with, but you then get the day back in lieu.
They are adamant I don’t and it’s just tough if Xmas lands at the weekend. This has been going on for years with nobody questioning it. I’m new this year.
Please tell me I haven’t got this wrong?

So if Christmas day was a Saturday, your wouldn't get any time of at all? You're right, they're wrong

Exactly what I told them. If Xmas was a Saturday we would lose all the entitlement.
Completely wrong but it’s a very small family owned business so no HR department. Everything comes directly from the owner so I have nobody to complain to.

The Tuesday is a bank holiday, so I would think they have to offer you it lieu if they expect you to work, but it sounds like it depends on how your contract is specifically worded.

www.citizensadvice.org.uk/work/holidays-and-holiday-pay/working-on-bank-holidays/

This is what came through in an email at my work (I work for local government) this week:

The Government has designated Tuesday 27 December and Monday 2 January 2023 as public holidays with pay in substitution for Christmas and New Year’s Day respectively.

There have been more than 8 bank holidays this year.

What does your contract say?

Do you work weekends usually? If you do I can see their point. If you don't then you are correct

01Name that sounds correct to me. Either you get paid or it back in lieu.
they want to take it off my allowance and make me work it.

www.acas.org.uk/checking-holiday-entitlement/bank-holidays-and-christmas

According to ACAS they don’t have to agree to time of “in lieu”.

I work Monday to Friday, but have some degree of flexibility. I can work time at the weekend if I need hours off during the week. But generally I’m Monday to Friday.

You are correct.

Also, if you're in Scotland you get 9 bank Holidays not 8.

Xmas day, boxing day, NYD and Jan 2nd (or next working days if a weekend), 2 at Easter, May Bank Holiday, Spring Bank Holiday & August Bank Holiday

*There have been more than 8 bank holidays this year.

What does your contract say?*

This. Regardless of what days they fall (you can factor this in later), what are the date for the 8 days Public Holidays you get/are getting within your work's holiday year? List them and then you can start to tweak them to factor in the weekends.

Yes OP you are correct!

Good luck in arguing your case, sounds like your employer doesnt have a clue 🤣

Working Time Directive is the same in Scotland as elsewhere. It’s a minimum of 28 days regardless of the No of bank holidays (and there is an extra one next year for the coronation).

We had 10 this year but the didn’t have to give them all. Maybe that comes into their calculations as longs as you get the 28 days or equivalent they’ve done their bit any extra is up to discretion

Our Scotland peeps can take Good Friday or the extra new year one not both

I just wanted to make clear, I don’t mind working the Tuesday at all. But they want me to work the Tuesday and deduct it from my entitlement. They can’t have it both ways.

As far as I am aware

You should either have the actual bank holiday off

Or should they ask you to work that day, you should receive a say in lieu.

They can't just make you work the bank holiday with no lieu day.

A day in lieu (not say) *

you have to be given 28 days paid anuual leave if you don't get the day off you can take it some other time but if contract says 8 bank holidays and you got paid for day of queens funeral then technically you don't get boxing day, it depends when your annual leave runs to and from, if it is a calendar year then New years day is next year not this year
a company can either give 20 days free choice and 8 bank holidays in which caase if they fall on a non working day you get a day in lieu so if Christmas day is a Saturday and you normally work Saturdays' then the Saturday is the bank holiday if you are off, if the business is normally closed on Saturdays you get a different day either a day the cmpany decides to shut instead or a day for you to choose
incidentally it is perfectly legal for a company to madate when you get your 28 days they do not have to give you free choice they could say we are closing on 23rd december and opening on 4th January and everyone will use 7 days of their annual leave ( of which 4 are bank holidays)
it doesn't matter how they arrange it but you can't have less than 28 days in total assuming full time

If your contract specifically says 28 days annual leave, including bank holidays, then they absolutely definitely cannot make you work a day and then also make you take the day off at the same time!

Can you say "well if I'm working on 27th and also losing a day's annual leave, does that mean I get double pay for the 27th? As a working day and as a day's paid annual leave?"

28 days is the statutory minimum, so to deprive you of a day's annual leave is actually illegal.

They obviously don't understand. Its not 20 days plus bank holidays its 28 days minimum legal entitlement.

However the employer can choose to include (or not) bank holidays in those number of days.

Therefore they can either have you in working and you have that day to take elsewhere or make you take it as a holiday.

Did you get the extra jubilee bank holiday off and paid?

But the Tuesday isn't a bank holiday?

Tuesday 27th is a Bank Holiday this year

sobyou get 28 days which includes 8 bank holidays. How many bank holiday days will you use this year as there will have been more than 8?