HELP Can I get TOIL

[Wilmaandbo]

So, hi everyone.
I work nights and one of the nights I work is a Sunday. In my contract it says if I am required to work on any of the bank holidays as my bank holiday rota, I will be given an alternative day off in lieu.
The issue that I have is I work nights and my Sunday night goes in to a bank holiday. My place of work is saying that because I start my shift on a non bank holiday day, that I am not entitled to any of the hours that I work on a bank holiday back. I work 7 hours of a bank holiday. (Midnight until 7am) My annual leave is including bank holidays pro rata. Does anyone know where I stand on this. Can I legally fight them for the 6 hours I work or am I not entitled to it?
Thank you for any input ❤️

Can you contact whoever is scheduled to do the shift the next night - starting late on Monday and extending through Tuesday morning - and find out whether they are being given TOIL? Just as a matter of interest, as I wouldn't put it past employers to try to obfuscate this.

But really a policy like this is very outdated. Shift workers aren't supposed to get variable amounts of paid leave according to when their shifts fall. My DH used to do a job share about 15-20 years ago where the other person in the sharing arrangement had mon-wed am and got all the bank holidays and he worked wed pm-fri and only got Good Friday and that was ruled illegal years ago. Employers are supposed to factor in all bank holidays as part of a total annual allowance for all staff and treat everyone the same pro-rata to how many hours per week they work regardless of whether their specific shifts fall on a bank holiday.

Do you have a union? Is there an HR department?
The employer may just be ignorant of the law rather than deliberately trying to avoid giving you your employment rights.

This has been the case in DH's work for the past 24yrs. If he starts the shift at 9pm on the Sunday then the Monday BH lieu time doesn't count.

They got over all the queries & complaints by getting rid of every BH apart from the 25th Dec and 1st Jan......

This is the case with my employer too (police). The day starts at 7am & rolls into 7am the next day. Weird, but it's how it works & is the same for all officers & staff. So if you do 10pm-7am Christmas Eve into Christmas Day (finishing 7am Christmas Day) then no bank holiday pay (me this year, sob!). Or if you offer to do a shift slide from 4am-1pm when you should be 7am-4pm & the previous day was a rest day then you get a cancelled rest day rate as the day you start work is technically a rest day.