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Bank Holidays and the Law

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Adam.I
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Joined: 23 Jun 2004
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PostPosted: 21:44 - 30 Apr 2007    Post subject: Bank Holidays and the Law Reply with quote

Hello all. At my work place I benefit from having one weekday of every third week, but I have to work the Saturday which isn't a problem. The next time I'm due to have a day of would be next week, and work the Saturday. I looked at the rota for that week and they have my day of as the bank holiday. Surely the bank holiday should be a separate day off? Should I not get for example the Monday off and then the Wednesday? Do they not have to give them by law, and where do I stand on that? Tried Googling but nothing specific to me real. Thanks in advance.
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scorps
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Joined: 29 Jan 2007
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PostPosted: 22:26 - 30 Apr 2007    Post subject: in a word Reply with quote

no, if your normal day off falls on a bank holiday then its your normal day off. unless of course it says in your contract that you are entitled to a day off in leu if this happens.
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SM.Morgan
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PostPosted: 00:25 - 01 May 2007    Post subject: Reply with quote

I have a problem with bank holidays, whats the law with pay as i can't be assed to look and I think i was supposed to get double pay Confused
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Kaben
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PostPosted: 00:25 - 01 May 2007    Post subject: Reply with quote

I cannot remember exactly from contract law, but your employer cannot take your bank holidays from your minimum holiday allowance.

I.e minimum legal holiday is 20 days + 8 days of bank holidays ( i think)

I really cant remeber too well, but im pretty sure thats correct.
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Rookie
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Joined: 09 Feb 2005
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PostPosted: 00:51 - 01 May 2007    Post subject: Reply with quote

Kaben wrote:
I cannot remember exactly from contract law, but your employer cannot take your bank holidays from your minimum holiday allowance.

I.e minimum legal holiday is 20 days + 8 days of bank holidays ( i think)

I really cant remeber too well, but im pretty sure thats correct.


So if Evans had, say, 28 days off a year in his contract, couldn't the employer suck 8 of those into Bank Holidays?
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scorps
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PostPosted: 19:20 - 01 May 2007    Post subject: there ya go Reply with quote

this should answer any questions about bank holidays

https://www.adviceguide.org.uk/index/life/employment/bank_and_public_holidays.htm
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nc30 chick
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PostPosted: 10:01 - 02 May 2007    Post subject: Reply with quote

With our company, if you work part time and dont normally work mondays then it doesnt matter if its a bank holiday or not. Its just a normal day off.
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chris___
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PostPosted: 10:50 - 03 May 2007    Post subject: Reply with quote

Gotta love my job, 20 days off a year, I work all bank holidays, some evenings, some weekends, christmas day, new years eve.

I need a new job badly Sad
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LustyLew
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Joined: 19 Apr 2004
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PostPosted: 11:05 - 03 May 2007    Post subject: Reply with quote

Be thankful for 20 days!

I had only 15 days. The company was only small so didn't have the same rights as a large firm.

They've gone bust now. Ha f***ing ha!
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Feasty
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PostPosted: 11:08 - 03 May 2007    Post subject: Reply with quote

In my company any bank holidays are treated as exceptional and any work time is carried over, so if you are due to work on a Monday you either have a holiday or get double bubble!

Also I get 31 days holiday a year but have to 'buy' some of them as a wage option, I really like the idea but still run out of holiday before the end of the year!! Shocked
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McJamweasel
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PostPosted: 20:36 - 03 May 2007    Post subject: Reply with quote

Kaben wrote:
I cannot remember exactly from contract law, but your employer cannot take your bank holidays from your minimum holiday allowance.

I.e minimum legal holiday is 20 days + 8 days of bank holidays ( i think)

I really cant remeber too well, but im pretty sure thats correct.


Nope. Employers do not have to give you bank holidays in addition to your standard holidays.
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Kaben
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PostPosted: 09:00 - 04 May 2007    Post subject: Reply with quote

I may be thinking of public sector only companies. I really cant remember. Embarassed
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Pte1643
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PostPosted: 10:10 - 04 May 2007    Post subject: Reply with quote

If I have to work a Bank Holiday, I get "Time and a Half" AND the hours off in Lieu. Even if it falls on my normal rota. Thumbs Up
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msgander
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PostPosted: 13:54 - 04 May 2007    Post subject: Reply with quote

Quote:
The Department of Trade and Industry has announced proposals that statutory holiday entitlement will increase. What do the proposals mean for businesses?


Q How much holiday will staff be entitled to?

A The Working Time Regulations 1998 currently entitle workers to four weeks' paid holiday each year, including eight bank/public holidays. The proposals would entitle workers to four weeks' paid holiday each year, plus the equivalent of eight paid bank/public holidays.


Q When will this happen?

A It is proposed that on 1 October 2007, statutory holiday entitlement would rise to 4.8 weeks (24 days for an employee working a five-day week), increasing again to 5.6 weeks on 1 October 2008 (with a maximum annual statutory entitlement of 28 days). Public consultation on the proposals is due to close on 13 April 2007.


Q Could employees demand time off on bank holidays?

A Some workers may be contractually entitled to take leave on bank/public holidays, but there will be no statutory right to take leave on bank/public holidays. If the proposals come into force, where a worker is required to take statutory leave on a bank/public holiday and they are on some other leave that day (such as maternity or sick leave), they would generally be entitled to take another day instead, so statutory holiday entitlement is not lost.


Q What happens if our holiday year begins before 1 October?

A Additional holiday entitlement should be calculated by multiplying the proportion of the holiday year left to run by the additional holiday entitlement due from 1 October. For example, if your holiday year starts on 1 January, in 2007 an employee working five days a week would be entitled to four weeks' holiday for 12 months, plus 0.8 weeks' additional entitlement for three months (3 ÷ 12 x 0.8 = 0.2 weeks) a total of 4.2 weeks. In 2008, the worker would be entitled to four weeks' holiday for 12 months, nine months' additional entitlement at 0.8 weeks (9 ÷ 12 x 0.8 = 0.6 weeks), plus three months' additional entitlement at 1.6 weeks (3 ÷ 12 x 1.6 = 0.4 weeks) a total of five weeks. In 2009, total holiday entitlement would be 5.6 weeks.


Q What about part-timers and those working more than five days a week?

A Part-time workers would have a pro-rata entitlement. For example, if someone usually works three days a week, a week's holiday will be three days. With a leave year starting on 1 January, that worker's holiday entitlement for 2007 would be 12.6 days (4.2 weeks x 3 days), for 2008, 15 days (5 x 3 days) and for 2009, 16.8 days (5.6 x 3 days). If an employee works six days a week, holiday is calculated in the same way, but the 28-day cap applies. If the holiday year starts on 1 January, that worker would be entitled to 25.2 days' holiday in 2007, and 28 days' holiday in 2008 and 2009.


Q Can we round entitlement up or down?

A It is proposed that the total (5.6) weeks' holiday would not be rounded up to the nearest full day. However, you may want to do this for ease of administration. You will not be able to round down.


Q Will there be a qualifying period of service for entitlement to additional holiday?

A No. But in the first year of their employment/engagement, workers could be limited from taking more holiday than they were deemed to accrue (as with the current four-week entitlement).


Q Will workers be entitled to carry over additional holiday?

A The regulations do not allow the four-week entitlement to be carried over from one year to the next. The government proposes that some or all of the additional holiday may be carried over to the following leave year, subject to agreement between the business and the employee. At least four weeks' holiday will still have to be taken each year.


Q Can we pay in lieu of holiday?

A Payment in lieu of statutory minimum holiday is not currently allowed, except on termination. It is proposed that the same rules will apply to additional entitlement.


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