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Original poster

Bank holidays and annual leave - AIBU?

69 replies

Ambernectarine22 · 12/04/2023 19:21

I work a 4 day week (Tuesday to Friday at my employers' request). There are 7 bank holiday Mondays this year and I don't get any pay or time off in lieu for them. Is this normal? I have to take them off my annual leave allowance. There are also 2 bank holiday Fridays this year and I am told I have to take 3 days of my annual leave at Christmas. This only leaves 10.4 days for me to take whenever I want. Measly? Or reasonable?

I'd be very grateful for your views!

OP posts:
Timeforchangeithink · 12/04/2023 20:59

I work Tuesday to Fridays also. As I don't work a Monday if the office is closed it doesn't affect me as it's not a working day. I also am required to use 3 days at Xmas which is fine as it gives me nearly 2 weeks off.

TeenagersAngst · 12/04/2023 21:02

How bizarre? Why would you take leave for a day you aren't contracted to work? It's like taking leave for the weekend!

HauntedPencil · 12/04/2023 21:05

Timeforchangeithink · 12/04/2023 20:59

I work Tuesday to Fridays also. As I don't work a Monday if the office is closed it doesn't affect me as it's not a working day. I also am required to use 3 days at Xmas which is fine as it gives me nearly 2 weeks off.

It does. It's not technically a day off for you as you aren't being paid. Your entitled to have a pro rata day off in leiu, which is only the same as everyone else gets. Is your leave not being adjusted tor this?

Sausagerolex · 12/04/2023 21:24

This is so mad!

You have been taking 7 or so days less of annual leave per year for some phantom Mondays that you aren’t even supposed to be in work? Have you really never questioned this before?

IForgotMyUsernameAgain · 12/04/2023 21:30

Yeah your employer is in the wrong here. I hope you can get some support from ACAS to get it resolved.

I work Wednesday to Friday and get the bank holiday hours credited to me. I have to use those hours when bank holidays fall on my working days, such as Good Friday (and Christmas etc some years) but the rest of those hours can be taken when I like.

I've benefited a lot recently because the Queen's funeral and King's Coronation bank holidays fell on a Monday, along with all the Christmas / New year so I've had loads of extra hours and I've been able to take nearly 7 weeks off!

Dox9 · 12/04/2023 21:32

What, that's not right. So if you were off for 2 weeks and one of the weeks had a bank holiday in it, you would need to take 9 days of leave according to your company rules. 4 days for the week that has no bank holiday and 5 days for the week that had a bank holiday?
Also, taking bank holidays out of the discussion, FT people in your place get 20 days to use as they choose. You should get 16 days to use as you choose.

Dox9 · 12/04/2023 21:33

At minimum

dementedpixie · 12/04/2023 21:34

HauntedPencil · 12/04/2023 21:05

It does. It's not technically a day off for you as you aren't being paid. Your entitled to have a pro rata day off in leiu, which is only the same as everyone else gets. Is your leave not being adjusted tor this?

Show quote history

Her 22.4 days holiday takes into account pro rata bank holidays

Flickeringgreenlight · 12/04/2023 21:34

OP, I work a very similar work pattern to you and I know for a fact that the only bank holidays you have to deduct from your 22.4 day holiday allowance are the ones you are scheduled to work, in your case the BH Fridays. there's nothing you need to do with the Mondays - your employer should find a way to compensate you for all the lost holidays quite frankly!

Nowtbettertodo · 12/04/2023 21:40

Augend23 · 12/04/2023 19:24

And then you don't need to take any bank holidays you aren't scheduled to work out of it, so you'd have to take good Friday out, and potentially some of the Christmas ones, but nothing else.

Show quote history

This. I work the same as you and this is how my holidays are calculated. So out of the 22.4 this year I need to use 1 for Good Friday and 1 for Boxing day. I am free to book the others when I choose. You should absolutely not be using and of these holidays for Mondays when you are not contracted to work them and not being paid for them.

StPaulandTheBrokenBones · 12/04/2023 21:41

I’d contact ACAS but this is what their website says

Bank holidays and annual leave - AIBU?
PricklyFoot · 12/04/2023 21:45

Ambernectarine22 · 12/04/2023 19:41

Wow! Thanks for all your answers. I get the statutory 22.4 days leave (for being a 4-day worker) but my employers expect me to take all 9 bank holidays out of this even tho Mondays are not a working day for me (their choice) and 7 out of 9 bank holidays this year are on a Monday. My contract states "You will be entitled to 28 days holiday each year including bank holidays (calculated pro rata in your first and last year of employment)."

I've been working there for nearly 3y and should have sorted it out before...

Either you or your employer has got this wrong, you don't need to take days you don't usually work from the allowance. You'd need a day for Good Friday but not for Easter Monday.

I work Tu-Th, initially I thought this would be a bad thing because of the BHs I wouldn't get, but what I actually get is more days to use flexibly.

Riverlee · 12/04/2023 21:57

You should not be using your annual leave for bank holidays if you wouldn’t normally work those days. You should get 4/5 of holiday entitlement which you can use in the days you normally work.

Leftbutcameback · 12/04/2023 22:13

Also worth knowing that if you want to bring a claim against your company for the leave it seems you’ve lost (3 years worth?) you need to bring it pretty quickly after the situation is corrected, so worth getting advice on that too.

Superstar22 · 12/04/2023 22:32

Agree with others; I work in nhs, Tuesday- Friday and end up with pro rated Mondays/ Bank holidays so actually get more hours off not less.

Original poster
Ambernectarine22 · 12/04/2023 22:52

You are all very kind to have taken the time to comment. And thank you @StPaulandTheBrokenBones for the screenshot from ACAS. I had a brief look on their website and just took their number thinking I'd give them a call. But that little titbit is probably all I need.

OP posts:
prh47bridge · 13/04/2023 00:16

To be clear on the legal position, your employer is acting illegally by deducting Monday bank holidays from your holiday allowance. You have 22.4 days holiday. The only bank holidays that should come out of that are the ones that fall on your normal working days. Unless your employer backs down, they could be prosecuted and the directors could go to prison.

Sausagerolex · 13/04/2023 06:52

I wonder if you can claim back the last three years OP?!

AlisonDonut · 13/04/2023 07:14

On bank holiday months, did they pay you for those annual leave days they made you take on the bank holidays?

acuppatea · 13/04/2023 07:19

There are 10 bank holidays in England this year (1st April 2023 - 31st March 2024). There are usually 8 but there's an extra day for the coronation and Good Friday in 2024 falls at the end of March, so within this financial year.

potatowhale · 13/04/2023 07:21

acuppatea · 13/04/2023 07:19

There are 10 bank holidays in England this year (1st April 2023 - 31st March 2024). There are usually 8 but there's an extra day for the coronation and Good Friday in 2024 falls at the end of March, so within this financial year.

Yeah my employer fell down with the coronation this year so check that

Tealsofa · 13/04/2023 08:38

OMGitsnotgood · 12/04/2023 20:12

If full time employees in your organisation are given Bank Holidays, then as a part timer you are entitled to them too. You should have the Bank Holiday allowance pro rata added to your annual leave to make your total holiday entitlement. If you normally work a Bank Holiday (eg Good Friday or if Christmas/New Year falls on a working day in your case), then you deduct the relevant number of hours from your holiday entitlement. As you don't work Mondays, you don't have to deduct those hours.

Op is legally entitled to .8 of what FTE staff get - including long service extra days etc

Legally in the UK the minimum is 28 days including bank hols and 4 weeks leave.

Therefore op is legally entitled to 22
4

She does not have to use a day to have a Monday off, she does need to take out Fridays or any other days that are bank holidays

Tealsofa · 13/04/2023 11:47

Carpetmoth · 12/04/2023 20:13

Surely the bank holiday days come out of the 28 (which is AL+BH) not the 22.4?

FTE (Full time) is 28 (this include Bankholidays - 8 and Annual Leave- 20)

OP is part time and works at 80% of a full time and therefore is entitled to 22.4 days leave

She does not have to use any of her 22.4 days to have a Monday off (non working day) but she does need to use a full day to have Good Friday off

Original poster
Ambernectarine22 · 13/04/2023 17:54

I had a conversation with ACAS this morning and then a meeting with my employers. It was a prickly exchange. Conclusion is that my contracted days are now going to be Mon-Thurs so I’ll get the bank holidays off as a matter of course. I’m happy with that, so thanks again everyone for your input!

OP posts:
dementedpixie · 13/04/2023 18:03

You will then have less choice about when you can take your holidays then as some will be swallowed up by the bank holidays. Are they also telling you to deduct the Fridays you don't work from your holidays?

Sounds like they are shit employers tbh