Bank Holiday and Shift Work

Fattes

Hey folks,
Need a little guidance and help. Working a shift pattern 6 on 3 off. When bank holidays fall the employer is giving the bank holiday, as one of the three off days, with no extra pay, or leave is this legal?

I am pretty sure I am entitled to an extra day leave or to be paid extra for working the BH and that they BH shouldnt just be given as part of 3 off from the shift pattern

Any help or advice is appreciated thanks

Riskymove

Generally if you work on a Bank Holiday you are entitled to one of:

An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday

Millie_

I don't understand when you say "the employer is giving the bank holiday, as one of the three off days". These are just your usual days off? How is the bank holiday mentioned?

Fattes

Millie_ wrote: »

I don't understand when you say "the employer is giving the bank holiday, as one of the three off days". These are just your usual days off? How is the bank holiday mentioned?

So a normal week

Mon Shift 1 Tuesday Shift 2 Wed Shift 3 Thursday shift 4 Friday shift 5 Sat shift 6 followed by Sun, Mon Tue off

If the above was a bank holiday week, and I was working the Monday one of the 3 days off Sun/mon/Tue is given in Liue of the bank holiday

Millie_

So do you get paid for one of those 3 days off?

NegativeCreep

I work a 3 cycle shift pattern and I know that in my company, when a bank holiday falls on one of the days I would have had off anyway as part of the shift we are given a day in lieu as extra annual leave days.

However I’m not sure if this is part of law or if it is just something my company does at the unions request. If you have a union, talk to them.

Afollower

Public Holiday entitlement as outlined in the Organisation of Working Time Act is as follows:
21.—
(1) Subject to the provisions of this section, an employee
shall, in respect of a public holiday, be entitled to whichever one of
the following his or her employer determines, namely—

(a) a paid day off on that day,
(b) a paid day off within a month of that day,
(c) an additional day of annual leave,
(d) an additional day’s pay:

So, if a Public Holiday falls on one of your rostered on days, you are entitled to be paid double time or else receive an additional day off subject to the above.
If Public Holiday falls on one of your rostered off days, you are entitled to an additional days pay or additional day off subject to the above.

Hope this helps.

Afollower

NegativeCreep wrote: »

I work a 3 cycle shift pattern and I know that in my company, when a bank holiday falls on one of the days I would have had off anyway as part of the shift we are given a day in lieu as extra annual leave days.

However I’m not sure if this is part of law or if it is just something my company does at the unions request. If you have a union, talk to them.

The above is the correct interpretation of the Organisation of Working Time Act in relation to Public Holiday entitlement.

Fattes

Thanks all I was sure that was the case, now to address it appreciate the information and time