Extra bank holiday entitlement
Extra bank holiday entitlement
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Discussion

stitched

Original Poster:

3,813 posts

195 months

Monday 2nd May 2022
quotequote all
I work shifts, 2days 2 nights 4 off.
This year the company allocated an extra bank holiday for the day workers, nothing for the shift workers.
Which left me considering why day workers, who do not work for the bank of england, were allowed time off in excess of their holidays, with no such benefit for those on shift.
Is this legal, and if, as I suspect, not, where should I go to find legislation?

Caddyshack

13,650 posts

228 months

Monday 2nd May 2022
quotequote all
I believe it depends on the employment contract and the employers own discretion.

We employ and I believe we should “gift” the extra bank holiday. My wife feels the employee should take it as holiday.

OutInTheShed

12,861 posts

48 months

Monday 2nd May 2022
quotequote all
Your contract is your contract.
What anybody else gets is not relevant.

Lots of shift workers have signed contracts which essentially buy out their BH 'rights'.

stitched

Original Poster:

3,813 posts

195 months

Monday 2nd May 2022
quotequote all
OutInTheShed said:
Your contract is your contract.
What anybody else gets is not relevant.

Lots of shift workers have signed contracts which essentially buy out their BH 'rights'.
Having looked into it it appears the only people with a right to BH are those who work for the Bank of England.
This one I'll chase.

Beetnik

560 posts

206 months

Monday 2nd May 2022
quotequote all
Legal minimum is on the gov.uk website.

Of course, your contract of employment may well give you more (but can't give you less).

Countdown

46,942 posts

218 months

Monday 2nd May 2022
quotequote all
stitched said:
I work shifts, 2days 2 nights 4 off.
This year the company allocated an extra bank holiday for the day workers, nothing for the shift workers.
Which left me considering why day workers, who do not work for the bank of england, were allowed time off in excess of their holidays, with no such benefit for those on shift.
Is this legal, and if, as I suspect, not, where should I go to find legislation?
Govt website said:
Bank holidays
Bank or public holidays do not have to be given as paid leave.

An employer can choose to include bank holidays as part of a worker’s statutory annual leave.
Most places I've worked have given the day off as paid leave (however given that the work still needs to be done its not really an extra day off)
Some places have given the day off but unpaid, and some expect you to take it as part of your Annual leave OR unpaid.

the short answer is it really depends on how generous your employer is.

InitialDave

14,251 posts

141 months

Monday 2nd May 2022
quotequote all
What's your shift allowance?

If you're on +20% and you're talking about an "extra" day off applicable to people on base rate, I'd advise you to keep quiet about it.

stitched

Original Poster:

3,813 posts

195 months

Tuesday 3rd May 2022
quotequote all
InitialDave said:
What's your shift allowance?

If you're on +20% and you're talking about an "extra" day off applicable to people on base rate, I'd advise you to keep quiet about it.
Well that is another factor, 3 years ago they took a bunch of shift engineers and made them a days only PM team.
They don't work nights or weekends, are allowed bank holidays although it comes off their holiday entitlement, however paid the same as shift workers.

Some Gump

13,009 posts

208 months

Tuesday 3rd May 2022
quotequote all
stitched said:
Well that is another factor, 3 years ago they took a bunch of shift engineers and made them a days only PM team.
They don't work nights or weekends, are allowed bank holidays although it comes off their holiday entitlement, however paid the same as shift workers.
Imo if you stopped worrying about what other people do / get, and concentrated on yourself, you'd be better off.

stitched

Original Poster:

3,813 posts

195 months

Tuesday 3rd May 2022
quotequote all
Some Gump said:
stitched said:
Well that is another factor, 3 years ago they took a bunch of shift engineers and made them a days only PM team.
They don't work nights or weekends, are allowed bank holidays although it comes off their holiday entitlement, however paid the same as shift workers.
Imo if you stopped worrying about what other people do / get, and concentrated on yourself, you'd be better off.
I generally do, however paying two people on the same contract the same amount when one works unsociable hours and the other does not is not legal.
Also effectively giving an extera holiday to your 9 to 5 staff with nothing offered to the shift staff, unless contractual which it is not, also not legal.

deckster

9,631 posts

277 months

Tuesday 3rd May 2022
quotequote all
stitched said:
I generally do, however paying two people on the same contract the same amount when one works unsociable hours and the other does not is not legal
Also effectively giving an extera holiday to your 9 to 5 staff with nothing offered to the shift staff, unless contractual which it is not, also not legal.
Strong words. Do you have references to confirm this or is this just your opinion?

stitched

Original Poster:

3,813 posts

195 months

Tuesday 3rd May 2022
quotequote all
deckster said:
stitched said:
I generally do, however paying two people on the same contract the same amount when one works unsociable hours and the other does not is not legal
Also effectively giving an extera holiday to your 9 to 5 staff with nothing offered to the shift staff, unless contractual which it is not, also not legal.
Strong words. Do you have references to confirm this or is this just your opinion?
The unsociable hours payment, otherwise known as shift pay, is contractual.
The extra day holiday offered to office hour staff with no extra time off for shift workers is actually discrimination and not legal. I'll try and get some details.

Countdown

46,942 posts

218 months

Tuesday 3rd May 2022
quotequote all
stitched said:
I generally do, however paying two people on the same contract the same amount when one works unsociable hours and the other does not is not legal.
Also effectively giving an extera holiday to your 9 to 5 staff with nothing offered to the shift staff, unless contractual which it is not, also not legal.
I'm 99% sure they ARE legal.

If one group of staff is working Unsocial Hours they don't have the same contract as a group that isn't required to work unsocial hours.
As long as you give staff the stat minimum you can give Joe 21 days off per year and dave 55 days off a year. there is absolutely nothing to say that staff have to have equal pay and conditions. As long as you're not discriminating against staff based on one of the protected characteristics.

Han Solo

266 posts

47 months

Tuesday 3rd May 2022
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No it is not.

You have different contracts.

It’ll be caveated under ‘at employer’s discretion’, or similar.

Much like various employees get various holiday entitlement, right to buy holidays or time saving accounts.

deckster

9,631 posts

277 months

Tuesday 3rd May 2022
quotequote all
stitched said:
The unsociable hours payment, otherwise known as shift pay, is contractual.
The extra day holiday offered to office hour staff with no extra time off for shift workers is actually discrimination and not legal. I'll try and get some details.
So if they're not paying in accordance with the contract, that's one thing. But there is nothing in law to say that unsocial hours pay more than office hours.

And as has been said, there is nothing illegal about discrimination. That would only be an issue if, for example, all the people working unsocial hours were of a particular ethnicity or gender, or some other protected characteristic.

InitialDave

14,251 posts

141 months

Tuesday 3rd May 2022
quotequote all
One person's unsociable hours is another's nice, quiet, efficient time to get work done.

stitched

Original Poster:

3,813 posts

195 months

Tuesday 3rd May 2022
quotequote all
InitialDave said:
One person's unsociable hours is another's nice, quiet, efficient time to get work done.
biggrin
Correct, My favourite shift is Sat Sun days Mon Tues nights, that is when I can get the most work done without dheads getting in the way.
Giving 9 to 5 staff an extra day off without anything for the workforce is IMHO wrong.

Countdown

46,942 posts

218 months

Tuesday 3rd May 2022
quotequote all
stitched said:
InitialDave said:
One person's unsociable hours is another's nice, quiet, efficient time to get work done.
biggrin
Correct, My favourite shift is Sat Sun days Mon Tues nights, that is when I can get the most work done without dheads getting in the way.
Giving 9 to 5 staff an extra day off without anything for the workforce is IMHO wrong.
Maybe it's to reward them for having to get their work done in spite of lots of dheads getting in their way.

stitched

Original Poster:

3,813 posts

195 months

Tuesday 3rd May 2022
quotequote all
Countdown said:
stitched said:
InitialDave said:
One person's unsociable hours is another's nice, quiet, efficient time to get work done.
biggrin
Correct, My favourite shift is Sat Sun days Mon Tues nights, that is when I can get the most work done without dheads getting in the way.
Giving 9 to 5 staff an extra day off without anything for the workforce is IMHO wrong.
Maybe it's to reward them for having to get their work done in spite of lots of dheads getting in their way.
Odd euphamism, When Covid was a thing and the majority of the 9 to 5 workforce either worked from home or took furlough our OEE went up by 7%.
In a company that size 7% is a massive amount, now they are back it has dropped to its previous level.
Perhaps a mirror moment before uttering the word dhead would be appropriate?

Sy1441

1,283 posts

182 months

Wednesday 4th May 2022
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Landed from the company I have on retainer as our outsourced HR this morning.