The new stat holiday entitlement

[Bookworm]

I wonder if someone could help me here.

 

DH's holiday entitlement always was 24 days + 8 BH, so the new change makes no difference in how many days he gets.

 

However, his employers are trying to say that now, everybody has to work BH if they're so rostered as BH are part of the holiday entitlement and they therefore have to apply to have the BH off if they want it like they would do for normal holidays.

 

Now, DH is maintenance but helps covering the rush hour on platform. As maintenance, he doesn't work weekends and BHs. But because of the change, he's now been rostered to work both Good Friday and Easter Monday and he isn't happy.

 

I reckon his employers are pulling a fast one and fully intend to challenge that, but thought I'd throw it to the crowd here for discussion before I fire off one of my infamous missives.

 

Opinions, comments?

[Ell-enn]

Hi Bookie, what does his contract of employment say about working bank holidays? is there a clause in it which says he may be required to work alternative hours depending on the needs of the business? (or something like that).

 

How much notice has he been given about this?

 

Ell

[installspark]

Bank and public holidays can be included by an employer in the statutory maximum holiday entitlement of 5.6 weeks (pro rated from 1st April 2009 dependant on employer holiday year). However if your OH's contract states that his holiday entitlement is 24 days + 8 bank/public holidays then his employer cannot enforce his bank holiday working unless:

 

1. There is a clause in his existing contract stating that he may be required to work these days if business needs demands.

2. A new contract has been accepted or deemed to have been accepted through working practice, and you OH was consulted about these changes 90 days prior to the change taking place.

[Gogivit]

I was wondering if someone could advise me on some issues that a friend is experiencing at the moment-

 

My friend has been working for her company for 22 months. After 4 months of starting, she was then asked to work at another site and as such the staffing levels were different and this mean that due to the operation there were some bank holidays that she was not needed and therefore asked to "stand down". Now her initial thoughts were that she did not want to lose pay as she has during this 18 months been working (as requested by manager) to work 12 hours a day Monday to Friday. However she did receive pay for these stand downs and if she didn't she chased up the matter with her manager who would then authorise payment. In effect, for some bank holidays she did not work she got stand down pay and for those bank holidays she did work she was payed double rate. Now in her profession she does get paid for full 12 hours so no deduction is made for lunch breaks.

 

Based on the fact she has for 18 months been working Monday to Friday at MINIMUM 60 hour week (with no variations and does this total does NOT include overtime hours) and she has a written contract stating "holiday entitlement is in accordance with Working Time Regulations" I ask you all how the following can occur...

 

1) Her employer firstly has never communicated any reference to changes in holiday entitlement increase whether by verbal / written communication since what she has discovered was from October 2007! How can they now stop this stand down pay?

 

2) Although I have seen some of her wage slips showing previous holiday payments being paid at 12 hours per shift, why has she been verbally advised in the last 3 weeks that she will now only be getting paid for 11.2 hours per work day as apposed to the full 12 hours? (Every web site I have checked for her states that a person paid for 60 hours a week minimum and over a period (hers being 18 months) should be getting full 12 hours pay. So how can her employer change this payment? She has since (last few days) received a wage slip show reduced payment to her holiday pay!

 

3) Interestingly, when I looked at her wage slips, sometimes the wage slips show a BASIC PAY figure (60.00 x hourly rate) and other payslips simply state ADDNLHRS (60.00 x hourly rate)

 

FInally, she and her collegues are paid every two weeks but one of them has not been paid (as of Friday) for 6 weeks now due to someones errors but not that of the supervisor who has tried desperately to resolve the matter but to no avail. WHat options do you think should be taken?