Shift Work and Bank Holiday

simo28

Hi,

Can't seem to get a straight answer on this in work as HR are off so hoping someone can help.
We were moved to a 7 day fortnight scenario at the start of the year and the bank holidays are confusing us as regards to our AL. There's 9 in a year so they are added to yearly allowance but quite often we are required to work them. Its not compulsory and are offered time in lieu or payment at 1.5 normal wage.
The confusion is around if we work it and take either option then thats it or some are saying we still entitled to a day off for the BH we worked as well as the above.
Can anyone help clarify this please. In my own mind we forfeit the day off if we work the BH but we get it another time in lieu or just take the extra money.
Thanks

Conqueror

From Citizens Information:


Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

If you qualify for public holiday benefit you are entitled to one (my emphasis) of the following:

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

You may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer does not respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

antix80

If you're salaried, it probably works like this:

Everyone gets paid their usual monthly salary regardless of whether there is a bank holiday in the month. The pay for the bank holiday is included in your salary.

People who work the bank holiday get an additional payment based on hours worked. Or time in lieu.

So if you work the bank holiday, yes, you get to take a day off another time.

simo28

thanks folks, exactly as I thought.

MEGA BRO WOLF 5000

Not to hijack the OP but similar situation in my job.

Shift work 12 hours.
One week is 60 hours and the next 32.

My contract states 20 days holidays plus 9 bank holidays.

My issue is I think I should be paid/day in leiu for bank holidays even if I don’t work those days. Am I right in saying that? So if I’m rostered to work fri/sat/sun then wed/thurs and I’m off bank holiday Monday I should still get a day in leiu/holidays?

I asked about this already and I was told no, I get 20 days holidays which works out at 13 shifts PER YEAR and that’s that.

Their arrangement for bank holidays at the moment is if I work them I get no double time or time and a half I get 8 hours added to my holiday balance.

antix80

Hunky Monster wrote: »

Not to hijack the OP but similar situation in my job.

Shift work 12 hours.
One week is 60 hours and the next 32.

My contract states 20 days holidays plus 9 bank holidays.

My issue is I think I should be paid/day in leiu for bank holidays even if I don’t work those days. Am I right in saying that? So if I’m rostered to work fri/sat/sun then wed/thurs and I’m off bank holiday Monday I should still get a day in leiu/holidays?

I asked about this already and I was told no, I get 20 days holidays which works out at 13 shifts PER YEAR and that’s that.

Their arrangement for bank holidays at the moment is if I work them I get no double time or time and a half I get 8 hours added to my holiday balance.

It's reasonable for them to count a day as 8 hours.
I'd be pushing for the 29*8 hrs off, per your contract. Keep a record.

But the bank holiday would just be considered a regular day in that case.if you're rostered in you wouldn't get time in lieu or overtime.

MEGA BRO WOLF 5000

antix80 wrote: »

It's reasonable for them to count a day as 8 hours.
I'd be pushing for the 29*8 hrs off, per your contract. Keep a record.

But the bank holiday would just be considered a regular day in that case.if you're rostered in you wouldn't get time in lieu or overtime.

Yeah just to be clear the months where there are bank holidays my pay is the same. It’s the same every single month.

I’ve attached a pic of the relevant part of my contract. To my understanding I’m entitled to 29 days a year (29x8hrs)

If I work said bank holidays that’s surely another 8 hours time in lieu, yes??