only 20 days a yr hols

[The_Abyss]

The way I interpreted his post was that he gets 20 days holiday per year. On occasion they are forced to work bank holidays in which instance they receive double pay. It isn't clear if this situation would then result in an extra day holiday. Because of this OP believes he gets 20 days holiday but is entitled to 28. Employer believes he is entitled to 20. OP has talked to ACAS who agree that the minimum holiday requirement is 20 + 8. OP has been employed for less than 2 years.

 

[Freakbro]

I don't know why people are saying 'forced to work bank holidays', it's just a normal day in employment terms, so if the business is open on a BH, it's just a normal working day.

 

[Nasher]

It sounds like the company think they are being smart and using a loophole, but it's not a loophole.

As an employee you would be protected as a "whistleblower" under law afaik. So if they sack you in revenge, they would be in even bigger trouble.

I don't think you even need to be an employee to report a company which is breaking employment law though. Maybe have a word with their competitor, or a company which owes them money?

 

[Iamzod]

I don't know why people are saying 'forced to work bank holidays', it's just a normal day in employment terms, so if the business is open on a BH, it's just a normal working day.

But the legal minimum is 28 days, if he is working bank holidays as part of his normal hours then he should still have 28 days holiday during the 12 month period.

 

[Freakbro]

But the legal minimum is 28 days, if he is working bank holidays as part of his normal hours then he should still have 28 days holiday still during the 12 month period.

Absolutely, and I said that in my post a few up.

 

[Freakbro]

It sounds like the company think they are being smart and using a loophole, but it's not a loophole.

Seems odd though, he's been there nearly 2 years and there's 100+ employees, you'd think someone would have realised this before and not accepted it.

 

[kaelyn]

it would only be 20 days if you worked there for 5 days a week, to calculate your holiday entitlement it is 5.6 x number of days average worked per week, for example I work 40 hours over 3.5 days, so my entitlement is 19.6 days which still equates to 5.6 weeks holiday for me which bank holidays I would have worked are taken off, but because one of my days off is a monday I only get 1 or 2 taken off me a year, which gives me about 5 weeks to chose myself, which I love

for shift work/irregular hours the calculations can differ, there is a holiday entitlement calculator on the government website which is free to use.

 

[Woogie]

A bit late to the party here but it really depends what your contract says.

Try reading https://www.citizensadvice.org.uk/work/rights-at-work/holiday/working-on-bank-holidays/

If you’re entitled to annual leave, then bank holidays will either be:

• deducted from your annual leave allowance (so you’ll have to take all bank holidays as paid holiday)
• counted as additional holiday days - you may or may not be paid for them

Your contract should say which situation applies to you. If it doesn’t, bank holidays will automatically be deducted from your annual leave entitlement.

Example
You work full-time and you're entitled to 28 days of statutory paid holiday a year. You don’t have a written contract of employment. You’ll have to take the 8 bank holidays out of your paid holiday entitlement. This means you’ll have 20 days left to take when you choose.

It does however sound like they are trying to make you take the 8 days as paid leave then forcing you to work them.

 

[Freakbro]

It does however sound like they are trying to make you take the 8 days as paid leave then forcing you to work them.

Maybe that's why they are paying double time, it's a holiday day so you get paid, then paid again for coming in to work.

Dubious at best, illegal at worst.

 

[Woogie]

Maybe that's why they are paying double time, it's a holiday day so you get paid, then paid again for coming in to work.

Dubious at best, illegal at worst.

Well there is no statutory right for extra pay on holidays from memory. It is usually just a good will gesture, Which, Based on the nature of what his company are doing I doubt they would give extra pay. Ultimately however it all comes down to the contract he has. It will all be noted within there what his hours are and what is required of him. For instance mine states

"The Employee is entitled, In addition to statutory public holidays, 25 days' paid holiday in each holiday year, accruing on a daily basis."

This basically means I am entitled to my bank holidays and an addition 25 days holiday a year totally 33 days holiday a year in total. It does however also state that occasional weekend work\out of hours work will be required so it is all swings and roundabouts.

It is all in the wording of the contract ultimately, It also varies based on shift work\Irregular hours.

 

[Freakbro]

Mine is the same, 25 days + B.Hols

Plus I do payroll, so am always working out entitlements for part-time / shift / Term time / zero hour workers

 

[Iamzod]

It is all in the wording of the contract ultimately

Not in this case. There is a legal minimum of 28 days. If they are forced to work bank holidays & get 20 days holiday they are below the legal minimum regardless of whether they get 2x pay or 10x pay for doing it. (Assuming he works full time)

It has to equal 5.6 weeks minimum. There is no getting around that.

 

[Freakbro]

Not in this case. There is a legal minimum of 28 days. If they are forced to work bank holidays & get 20 days holiday they are below the legal minimum regardless of whether they get 2x pay or 10x pay for doing it. (Assuming he works full time)

It has to equal 5.6 weeks minimum. There is no getting around that.

I'm wondering if they are trying to pull a fast one. The employee get 28 days (including the 8 bank holidays) it's just the company then forces the employees to work on BHs but pays them double time (the holiday pay plus the pay for working) and thinks they are doing it right.....which they aren't!

 

[Akagi]

Its not clear at all really

Easy-ish to decipher though.

 

[squerble]

OP will surely answer?

 

[x-st]

OP will surely answer?

He's too busy with work.

 

[Iamzod]

I'm wondering if they are trying to pull a fast one. The employee get 28 days (including the 8 bank holidays) it's just the company then forces the employees to work on BHs but pays them double time (the holiday pay plus the pay for working) and thinks they are doing it right.....which they aren't!

Yeah. That's how it sounds. The opening post isn't worded too well.

 

[Woogie]

Not in this case. There is a legal minimum of 28 days. If they are forced to work bank holidays & get 20 days holiday they are below the legal minimum regardless of whether they get 2x pay or 10x pay for doing it. (Assuming he works full time)

It has to equal 5.6 weeks minimum. There is no getting around that.

Only if he is working 5 days a week. As he is hotel based I am guessing it is shift work which is different.

 

[King85]

Everyone's jumped on this guy because they couldn't understand a simple situation, nice one peeps.

 

[Lordgrayone]

it would only be 20 days if you worked there for 5 days a week, to calculate your holiday entitlement it is 5.6 x number of days average worked per week, for example I work 40 hours over 3.5 days, so my entitlement is 19.6 days which still equates to 5.6 weeks holiday for me which bank holidays I would have worked are taken off, but because one of my days off is a monday I only get 1 or 2 taken off me a year, which gives me about 5 weeks to chose myself, which I love

for shift work/irregular hours the calculations can differ, there is a holiday entitlement calculator on the government website which is free to use.

Wait so you get a day taken off if you work a bank holiday? I assume they pay you double time or whatever your contract says plus a basic days pay?
So if your day off is on a Monday(BH) what do they do?