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Rules on sick pay and bank holidays

2 replies

zisforzebra · 11/05/2010 22:27

I've been working at a part time job (16.5 hours a week) for eight months. Last month I was off sick for the first time and my pay was docked for the time because the company don't pay any sick days at all (I didn't know that until I got my payslip yesterday) I've also been told that, because i work mondays, bank holidays are taken out of my 17 days holiday entitlement. We are also told which weeks we have to have off by head office.

Is there statutory entitlement for sick days and is it right that bank holidays are taken from my annual holiday (even though I would have no option of working them as we don't open on bank holidays)? Also, can an employer tell you that you have to have a set week off?

I've previously worked for a large company with a proper HR department but this company seems to be operating to their own rules.

Any advice?

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flowerybeanbag · 11/05/2010 23:01

There is Statutory Sick Pay which is about £70 a week or something I think, which you get for being off sick more than 3 days.

Perfectly legal for your employer to nominate when holiday must be taken, and perfectly legal for bank holidays to come out of holiday entitlement as well. As long as you get at least the statutory minimum holiday entitlement, which is 5.6 weeks, and which would be 16.8 days a year if you work 3 days a week, it's fine for bank holidays to be included in that, as long as you are getting pro rata what full timers get.

In other words if someone working 5 days a week gets 5.6 weeks (28 days) and then paid bank holidays on top, then you are being treated less favourably as a part timer. But if full timers get 28 days total including bank holidays, then your 17 days including bank holidays is fine.

"this company seems to be operating to their own rules."

The bottom line is as long as you get the statutory minimum amount of time off an are not discriminated against in any way, they can set their own rules on holiday.

zisforzebra · 12/05/2010 17:03

Thanks flowery. I just wanted to check.

Previously I've worked in places where you have your holiday entitlement and can choose when to take it rather than "you will take your holiday week commencing..." It's a bit of a culture shock!

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