Bank holidays and holiday pay
Discussion
With my job we are entitled to 25 days holiday per year, however, they automatically deduct bank holidays from this. This is despite the fact that the place isn't even open so it's effectively "forced" holiday....and I actually lose money on this (I work on commission) and because of my shifts due to Xmas, bank holidays etc I lose 8 days over the next year, meaning I'm allowed to choose 17 working day holidays this year.
Is that right, or are they not allowed to do this (i.e. include bank holidays as part of your holiday pay)?
Many thanks in advance
Ross
Is that right, or are they not allowed to do this (i.e. include bank holidays as part of your holiday pay)?
Many thanks in advance
Ross
Yes and no - see https://www.gov.uk/holiday-entitlement-rights/enti...
Yes, in that employers are entitled to count bank holidays as part of your holiday entitlement.
No, in that they are legally obliged to give you 5.6 weeks off a year. For a full-time job, this is 28 days assuming that they count bank holidays as part of your leave. So in reality it's either:
All that assuming that you're a full-time worker, of course.
Yes, in that employers are entitled to count bank holidays as part of your holiday entitlement.
No, in that they are legally obliged to give you 5.6 weeks off a year. For a full-time job, this is 28 days assuming that they count bank holidays as part of your leave. So in reality it's either:
- They give you 20 days leave, plus 8 days bank holidays OR
- They give you 28 days leave, including bank holidays
All that assuming that you're a full-time worker, of course.
Shortly after the statutory minimum leave entitlement became 20 days (late 90's/early 2000's I think) I had the dubious pleasure of working for a big hygiene/cleaning company. They gave 20 days leave including statutory holidays, so in effect you only had 12 days holiday entitlement. I didn't stay long.
This is where it gets a bit complicated....I work a 2 week rota and kind of shift work
Week 1
M - 8:30am-1:30pm
T - 8:30am-7pm
W - 8:30am-7pm
T - 1:30pm-7pm
F - off
S - 8:30am-1:30pm
Week 2
M - 1:30pm-7pm
T - 8:30am-7pm
W - off
T - 8:30am-7pm
F - 8:30am-7pm
S - off
So, average of 4.5 days per week which does give 25 days per year holiday....BUT, should they not do it by the shift? With a bank holiday I'm "losing" a short 5 hour shift which prevents me taking off a longer day shift (e.g. a Friday which could be 8:30-7pm)
Should it be a case of "you work 36.75 hours per week average which is a total of 205.6 hours. Each shift is, on average 5.25 hours (so a long day is 2 shifts, short day is 1 shift) so you could take a total of 39 shifts off per year.
Due to the way it's fallen something like 6 of those 8 bank holidays are single shifts, yet I "lose" 6/25 of my holiday, when (in terms of hours) I'm not getting 6/25 of my holiday allowance if that makes sense.
Should it not be done by booking a number of shifts off per year?
Or am I being a fussy b
d? 
Week 1
M - 8:30am-1:30pm
T - 8:30am-7pm
W - 8:30am-7pm
T - 1:30pm-7pm
F - off
S - 8:30am-1:30pm
Week 2
M - 1:30pm-7pm
T - 8:30am-7pm
W - off
T - 8:30am-7pm
F - 8:30am-7pm
S - off
So, average of 4.5 days per week which does give 25 days per year holiday....BUT, should they not do it by the shift? With a bank holiday I'm "losing" a short 5 hour shift which prevents me taking off a longer day shift (e.g. a Friday which could be 8:30-7pm)
Should it be a case of "you work 36.75 hours per week average which is a total of 205.6 hours. Each shift is, on average 5.25 hours (so a long day is 2 shifts, short day is 1 shift) so you could take a total of 39 shifts off per year.
Due to the way it's fallen something like 6 of those 8 bank holidays are single shifts, yet I "lose" 6/25 of my holiday, when (in terms of hours) I'm not getting 6/25 of my holiday allowance if that makes sense.
Should it not be done by booking a number of shifts off per year?
Or am I being a fussy b
d? Actually I am not.
Your holiday pay should get averaged as a day rate.
SO on a bank holiday either:
1)It falls on a short shift but you still get paid a full day (i.e. more than you usually would if you are paid by the hour)
2)It falls on a long shift so you miss out on having to work a full day
Your holiday pay should get averaged as a day rate.
SO on a bank holiday either:
1)It falls on a short shift but you still get paid a full day (i.e. more than you usually would if you are paid by the hour)
2)It falls on a long shift so you miss out on having to work a full day
blindswelledrat said:
Actually I am not.
Your holiday pay should get averaged as a day rate.
SO on a bank holiday either:
1)It falls on a short shift but you still get paid a full day (i.e. more than you usually would if you are paid by the hour)
2)It falls on a long shift so you miss out on having to work a full day
I effectively work on commission so I lose pay, unfortunately.Your holiday pay should get averaged as a day rate.
SO on a bank holiday either:
1)It falls on a short shift but you still get paid a full day (i.e. more than you usually would if you are paid by the hour)
2)It falls on a long shift so you miss out on having to work a full day
Now it gets more complex.....I get a very low base salary (only £1100 PCM) but once I bring in OVER £3500 into the clinic I then get a percentage of the money I bring in. This starts at 35% and works up on a bonus scheme, on average I suspect around 40%. To get to that £3500 mark takes approx. 1.5 weeks.
So....If I were to bring in £9k in a calendar month to the clinic I'd get £1100 plus 40% of (9000-3500=5500) so a total of £3300.
But, if I take a day (or even a week off) where I'm already past that £3500 "threshold" I would actually only get £1100 plus 35-40% of what I bring in past that point....so I effectively lose money.
Does that make sense?
Not sure how this should work to be honest in relation to holiday and pay...
And yes, I'm employed, not self-employed.
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