Discussion
Anyone any idea of how much a company is liable to pay for? Our company is awarding a department of our workforce 22 day but they are including bank holidays. Our department is 365/7 therefore we work some bank holidays depending on our shift patterns. They are saying that if any of our shift days off fall on a bank holiday, that has to come off our entitlement. This doesn't sound right to me, and I am unwilling to sign my contract until this is sorted out. It is bad enough having to work some bank holidays, but this on top seems to me like a smack in the mouth.
Edited by Petemate on Tuesday 1st March 22:29
MrsMiggins said:
Many thanks. Now if I read that right, minimum should be 28 days, and even if that includes bank holidays, this would still give me 20 basic hol days. This shower is trying to 'award' 23 days to include bank holidays. Well, they can do one - unless someone can tell me they are within their rights, I will not be signing the contract and looking elsewhere. I have just done some calculations. My shift pattern is 4 day on & 4 off. Based on last year, my total working hours were 2172. If I had worked a Mon to Fri shift, this would have, for an 8 hour day, equalled 2120 hours, so I am already down on the deal.
Edited by Petemate on Tuesday 1st March 23:02
www.direct.gov.uk gives the full advice.
However, are they offering the time for the bank holiday work off in lieu? This is a legal approach. If not, then it is not allowed.
Is this for a new job or are you having your contract changed?
Even if you sign it, if you can prove for a 12 week period that you have worked hours equivilent to full time (35+ per week) you will be statutorily given 28 days minimum including bank holidays (and do not forget that there is an extra bank holiday this year!)
However, are they offering the time for the bank holiday work off in lieu? This is a legal approach. If not, then it is not allowed.
Is this for a new job or are you having your contract changed?
Even if you sign it, if you can prove for a 12 week period that you have worked hours equivilent to full time (35+ per week) you will be statutorily given 28 days minimum including bank holidays (and do not forget that there is an extra bank holiday this year!)
fergywales said:
www.direct.gov.uk gives the full advice.
However, are they offering the time for the bank holiday work off in lieu? This is a legal approach. If not, then it is not allowed.
Is this for a new job or are you having your contract changed?
Even if you sign it, if you can prove for a 12 week period that you have worked hours equivilent to full time (35+ per week) you will be statutorily given 28 days minimum including bank holidays (and do not forget that there is an extra bank holiday this year!)
Existing job. They do not offer time off in lieu of BH worked. Last year I had a full 23 days leave. I am now 74. At the end of the year, the HR dept caught up and decided that they would lay me off unpaid for 9 days, and thereafter just give me six-monthly contracts. They quoted EU. Quite why they feel they have to do this is beyond me; they said it was necessary once an employee reached retirement age. I briefly read up on this last year but could not find anything to say it is mandatory. My OH is not much younger, and is still working in the NHS, and every year she just carries on for another year with no gap in employment. I started with them on 10 dec 2009. Our department, dealing in missing baggage repatriation, has six month contracts for all of us. This new contract quotes 11.5 days hol for the six months to include b/hols. We all had the full 23 days last year. At one stage, near the end of the year, there were murmers that they were going to give us all hol pay to equal the number of b/hols that we had worked - fat chance, never happened.However, are they offering the time for the bank holiday work off in lieu? This is a legal approach. If not, then it is not allowed.
Is this for a new job or are you having your contract changed?
Even if you sign it, if you can prove for a 12 week period that you have worked hours equivilent to full time (35+ per week) you will be statutorily given 28 days minimum including bank holidays (and do not forget that there is an extra bank holiday this year!)
I know I am lucky to still be working at my age, but I am damned if I am going to roll over for this.
Edited by Petemate on Tuesday 1st March 23:15
Edited by Petemate on Tuesday 1st March 23:20
fergywales said:
I would personally advise talking to ACAS (www.acas.org.uk), they will offer free advice specific to your enquiry, sounds like a minefield they are walking through.
Had a good look at the Directgov site again. The shift pattern I am on is, according to the regs, the 'continental' one. The entitlement is 19.6 12 hr shifts. Initially I thought that this was not right, but on reflection I realise that if I am being paid to stay at home instead of being at work then this is 12 hrs pay. Doh. Also, our shifts have the advantage over those on Mon-Fri in that if one, for example, takes four days holiday from a normal shift this gives 12 days off, so not as bad as at first seems.So as the entitlement I am being given is 11.5 days per six months, this is 23 per year which is 4 days more than the basic minimum. While I think it is stingy of the company to take bank holidays off that, it is only 4 of them not all of them, so I'll keep my head down. Happily, there are no petrolheads/PHers among management!
While I feel a bit of an idiot for kicking off, fortunately I didn't fire off the e-mail I had prepared......
I hope that this thread has been of use to anyome else out there in a similar position.
Thnaks to fellow PHers who pointed mi in the right direction.
Edited by Petemate on Wednesday 2nd March 00:12
Edited by Petemate on Wednesday 2nd March 08:59
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