Holidays, Bank Holidays and Notice for Holidays
Discussion
Hi there PH, I would like your help and advice on a few things about work which I have been trying to bring the attention of my employer but I'm pretty much just told to "quieten down, you're wrong". I have no problem with being wrong, I just can't find any evidence I am.
The situation.
I work shift work, 12 hour shifts, 4 days on, 4 days off, 4 nights on 4 days off rolling shift pattern like that. According to Direct.gov.uk "The statutory holiday entitlement is 19.6 shifts for the year. Each shift being 12 hours." - Link - https://www.gov.uk/calculate-your-holiday-entitlem...
I only get 16 days a year holiday however, so there is my frist problem, I'm being short changed by 3.6 days a year.
I do not get Bank Holidays off from work and instead get paid a days pay for it, so if it's a day I'm on shift I get a days wage for working and a days wage for the bank holiday (double time), if it's a day I'm not at work then I get paid for the days Bank Holiday when I am not at work.
I have been told that because I get paid Bank Holidays if I'm at work or not this is why I do not get my extra 3.6 days holiday a year. I can find no information if this is possible or not. I would think that a holiday would be classed something like a paid day off from work when you normally be working, but this is only my own definition, I can find no accurate deffinition online.
By my employers logic I could be paid double time for all my holidays and never get a day off.
About notice for holidays.
https://www.gov.uk/holiday-entitlement-rights/book...
The above link says that I can give a minimum of 2 days notice for every one day holiday I would like. That's fine by me, the problem is my employer is saying I'm booking my holidays too far in advance, I often give over 18 months notice for a holiday and they're saying that I'm not aloud to do this, I can find nothing i nthe contract about booking holidays too far in advance. I'm wondering if it's possible they can limit the amount of notice I can give?
Things I'd like to know. (links to information if possible)
1.What is the legal definition of a holiday?
2.Can I be given less than my 19.6 days holiday because I get double time for Bank Holidays?
3.Can they limit the amount of notice I can give for a holiday?
4.What legal actions can I take and who could I turn to for advice about all of this?
Thanks for that, sorry it's a long post, this has been going on far too long and I'm utterly sick of it. The amussing thing it, I effectivly get 0 holidays because only 4 people work 4 different shifts I have to cover thier holidays as overtime, meaning I work the same amount of days every year as I would with 0 holidays, but that's not a problem as all 4 of us work around each other to make things work.
Thanks
Liam
TL:DR - I get too few holidays how can I get help to sort this out?
The situation.
I work shift work, 12 hour shifts, 4 days on, 4 days off, 4 nights on 4 days off rolling shift pattern like that. According to Direct.gov.uk "The statutory holiday entitlement is 19.6 shifts for the year. Each shift being 12 hours." - Link - https://www.gov.uk/calculate-your-holiday-entitlem...
I only get 16 days a year holiday however, so there is my frist problem, I'm being short changed by 3.6 days a year.
I do not get Bank Holidays off from work and instead get paid a days pay for it, so if it's a day I'm on shift I get a days wage for working and a days wage for the bank holiday (double time), if it's a day I'm not at work then I get paid for the days Bank Holiday when I am not at work.
I have been told that because I get paid Bank Holidays if I'm at work or not this is why I do not get my extra 3.6 days holiday a year. I can find no information if this is possible or not. I would think that a holiday would be classed something like a paid day off from work when you normally be working, but this is only my own definition, I can find no accurate deffinition online.
By my employers logic I could be paid double time for all my holidays and never get a day off.
About notice for holidays.
https://www.gov.uk/holiday-entitlement-rights/book...
The above link says that I can give a minimum of 2 days notice for every one day holiday I would like. That's fine by me, the problem is my employer is saying I'm booking my holidays too far in advance, I often give over 18 months notice for a holiday and they're saying that I'm not aloud to do this, I can find nothing i nthe contract about booking holidays too far in advance. I'm wondering if it's possible they can limit the amount of notice I can give?
Things I'd like to know. (links to information if possible)
1.What is the legal definition of a holiday?
2.Can I be given less than my 19.6 days holiday because I get double time for Bank Holidays?
3.Can they limit the amount of notice I can give for a holiday?
4.What legal actions can I take and who could I turn to for advice about all of this?
Thanks for that, sorry it's a long post, this has been going on far too long and I'm utterly sick of it. The amussing thing it, I effectivly get 0 holidays because only 4 people work 4 different shifts I have to cover thier holidays as overtime, meaning I work the same amount of days every year as I would with 0 holidays, but that's not a problem as all 4 of us work around each other to make things work.
Thanks
Liam
TL:DR - I get too few holidays how can I get help to sort this out?
1.What is the legal definition of a holiday?
Most workers who work a 5-day week, must receive 28 days paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
https://www.gov.uk/holiday-entitlement-rights
Those who work irregular hours, e.g. shift workers can use the calculator here:
https://www.gov.uk/calculate-your-holiday-entitlem...
2.Can I be given less than my 19.6 days holiday because I get double time for Bank Holidays?
Bank or public holidays do not have to be given as paid leave. An employer can choose to include these holidays as part of a worker’s statutory annual leave.
https://www.gov.uk/holiday-entitlement-rights
3.Can they limit the amount of notice I can give for a holiday?
Yes.
4.What legal actions can I take and who could I turn to for advice about all of this?
Explain your concern to your manager to see if you can sort out any problems informally. You may find it helpful to suggest what you would like them to do to solve your problem.
https://www.gov.uk/solve-workplace-dispute
If you’ve tried solving a problem by talking to your manager but you’re not satisfied, you can make a formal grievance complaint.
Your employer should put their grievance procedure in writing. You should be able to find this in your:
company handbook
human resources (HR) or personnel manual
HR intranet site
employment contract
Your employer’s grievance procedure should include the following steps:
writing a letter to your employer setting out the details of your grievance
a meeting with your employer to discuss the issue
the ability to appeal your employer’s decision
For more information read the ‘Acas guide on discipline and grievances at work’.
http://www.acas.org.uk/CHttpHandler.ashx?id=1043
https://www.gov.uk/solve-workplace-dispute/formal-...
Most workers who work a 5-day week, must receive 28 days paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.
https://www.gov.uk/holiday-entitlement-rights
Those who work irregular hours, e.g. shift workers can use the calculator here:
https://www.gov.uk/calculate-your-holiday-entitlem...
2.Can I be given less than my 19.6 days holiday because I get double time for Bank Holidays?
Bank or public holidays do not have to be given as paid leave. An employer can choose to include these holidays as part of a worker’s statutory annual leave.
https://www.gov.uk/holiday-entitlement-rights
3.Can they limit the amount of notice I can give for a holiday?
Yes.
4.What legal actions can I take and who could I turn to for advice about all of this?
Explain your concern to your manager to see if you can sort out any problems informally. You may find it helpful to suggest what you would like them to do to solve your problem.
https://www.gov.uk/solve-workplace-dispute
If you’ve tried solving a problem by talking to your manager but you’re not satisfied, you can make a formal grievance complaint.
Your employer should put their grievance procedure in writing. You should be able to find this in your:
company handbook
human resources (HR) or personnel manual
HR intranet site
employment contract
Your employer’s grievance procedure should include the following steps:
writing a letter to your employer setting out the details of your grievance
a meeting with your employer to discuss the issue
the ability to appeal your employer’s decision
For more information read the ‘Acas guide on discipline and grievances at work’.
http://www.acas.org.uk/CHttpHandler.ashx?id=1043
https://www.gov.uk/solve-workplace-dispute/formal-...
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