Bank holidays

Makapakka

A colleague of mine who works part time with me has told me we're entitled to a fifth of our working week for every bank holiday. We work Wednesday to Friday.

I have looked on the citizens information website and it states if you work 40 hours in the 5 weeks leading up to the bank holiday, you are entitled. We work 22.5 hours a week so definitely would have worked 40 hours.

Does your employer have a choice if they want to pay this? We haven't been paid it and are wondering whether to bring it up with the boss.

seamus

Your employer can either choose to pay you or give you time off in lieu.

So if you work 22.5 hours a week on average, your employer can choose to pay you 4.5 hours for each bank holiday or give you 4.5 hours off.

johnsmith59656

Hi Seamus,

I was wondering if you are 100% sure about the part "your employer can choose to pay you 4.5 hours"?

My understanding of the Citizens Information website is that part time workers have to be paid full time on a bank holiday.

If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday.

What's the legal definition of "a day's pay" for someone that does not work regular hours?
Should we average the last 5 weeks?

Would you happen to know where I can find more official information?

tina1040

A day's pay is 1/5 of a week's pay.
The 4.5 hours is correct. It can be paid in addition to normal wages for that week or 4.5 hours can be added to annual leave hours and so taken at another time. I'm not sure how this is to be decided.

johnsmith59656

Thanks Tina.

Actually I found what I was looking for

If you do not have normal daily or weekly working hours, under SI 475/1997, an average of your day’s pay or the fifth of your weekly pay is calculated over the 13 weeks you worked before the public holiday.