its hopefully a quick query

recently we have had a communication at work (large company merged recently)

previously if we have worked a bank holiday (usually 10 hours) we have been paid time and a half for this and earnt time in leu - this has been 10 hours

recently we noticed that the hours for this hadnt been added, after alot of chasing we were told that they were now added at the start of the holiday year.

however we have only been granted 7.5 hours per bank holiday, their reasoning for has only just been given to us

copied below

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To confirm a payroll week runs from Sunday to Saturday and the payroll team will process this accordingly, with this

in mind, certain rota’s will either work three or four days per week.

For the vast majority of our colleagues a full time working week is 37.5 hours per week, which equates to 1,950 hours

over the year (37.5 hours per week x 52 weeks in a year) – regardless of shift pattern. This includes the MyTime rota,

as additional hours worked are given in lieu time.

The standard contract template is 5 over 7, so holiday entitlement is calculated as 7.5 hours x the contractual number

of days entitlement for that colleague.

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this would be fine if we WORKED 7.5 hours a bank holiday however we work between 10 and 11 hours on a bank holiday, even worse they have based the hours over a 5/7 contract

most of our workplace is on a 4on 4off rota, in my case im on flexible working and my current time is either 3 or 4 days in 7

we have asked for explanations but just keep being given the same details as above

we have also been told that if we want the days the business is closed off (christmas day etc) then we have to book it off, on asking if that means we have to give the 7.5 hours back we have been told that no we have to use 10/11 hours of holiday time

any advice?

Paid holiday is calculated on the number of hours a year you work but normally rationalised into days leave. You need to do your sums as to how may hours you work and how long the average day is and then check your leave entitlement they are saying you have against these figures. If your normal working day is 10 hours then that makes things simple, if you work an 8 hour day but do longer shifts at certain times then the hourly rate should apply.

Also, do you get paid on an hourly basis- agreed rate per hour- or as an annual/monthly salary that is then an average of 1/12th of a year.

using their sums they are admitting that there is an inbuilt error so you need to challenge this as a gropup rather than as individuals.

They are using days and not hours although they admit that hours are assumed for the working year. Urging will do no good, you need to present your figures and show why they are fairer and how they may keep the company away from a claim against them under the WTD.

Unions are good for this sort of collective head slapping of intransigent management. However, they also state that you get TOIL to correct certain errors so again is this what actually happens? if it is the you are starting a fight with yourself

The time in leu is in our contract that if we work a bank holiday we get time and a half and a day in leu

If we don't work it as a scheduled day off then we simply get the day in leu

Most peoples shifts are either 11.5 hours or 10.5 minus a half hour lunch so 10/11

Mine are always 10 hours due to flex time

Sorry didn't ge time to finish questions

Ours is a salaried basis based on year devided by 13

I will have a look at their sums and rerun them

latest from work below

one of our Coordinators, has agreed to take on the job of collating all questions from all colleagues about the holiday issues and has committed to getting answers from as far up the corporate HR ladder as it is necessary to go. This will produce a comprehensive FAQ to help all of us.

In the interim, the easiest way to think of the new policy is, if you work 4 on and 4 off you should no longer think of your annual leave in days but think of it in hours. Whatever your shift, 4 on 4 off, 5 over 7, 5 over 8 or whatever combination of hours, your contracted hours are 1950 per year, or 37.5 per week. So, whether you work a bank holiday or have the day off, the only hours to be spent or accrued in the legal sense is 7.5 hours.

Yes, those of us who would normally work an 11.5-hour day will be losing out on the 4 hours that we had been receiving previously, but remember that those 4 hours were hours that we were not entitled to.

The company legal team have told us that the changes must happen to ensure compliance with the law.

If you are salaried then the actual working day isnt that relevant as long as the working year is correct. If they are saying that a bank holiday only eats up 7.5 hours of your accrued holidy hours then that is good but if they are saying a day off on a BH uses up 11.5 hours because that is your NORMAL working day that is bad and you need to get them to stick to the actual hours used, even if it produces some odd results. Being paid extra for a BH is a bonus if your salary doesnt change in a normal 4 week cycle

I never used to gte paid bank holidays when I worked them and others didnt because I got paid £xxk per year and any extra hours were just part of the luxury of having that particular role for which I was paid quite well. You need to look at the overall picture and if you arent losing out (other than TOIL above 1 for 1) in the new scheme it isnt worth arguing over. If you are having to work longer than others or what you did before to keep you normal holiday entitlement then that is worth taking up because the assumptions of the working day may well reduce your annual salary if they start to tinker with the hours even more.