Holiday Entitlement.

[Mechguy]

Hi new to the site and this is my first thread.

 

I work for a well known retailer (Won't mention who). It has recently been brought to my attention that the goverment has increased the minimum holiday entitlement to 5.6 weeks. This can mean that bank holidays can be taken into your entitlement if you do not normaly work on a bank holiday (e.g my wifes place of work is closed on bank holidays, hence she is not at work so each bank holiday in the year comes off her anual entitlement leaving her with approximatly 4 weeks to choose from.)

 

Now as you will know retail work requires us to work bank holidays:sad:. BUT our company is saying we are only entitled to 4.2 weeks paid holiday:confused:.

Surely they are breaking the law??????

 

The only exception I have seen to this law is basically for off shore workers.

 

We are paid time and a half if we work bank holidays, if you are rosted off then you recive a day off in lue and no extra pay.

 

We have been told that bank holidays are optional, but if that's the case how come I am working August bank holiday and have'nt been asked. Besides they can't open the store without staff:lol:.

 

Some might say "Think of the time and a half" but in retail we are paid such a small amount an hour you don't feel the benefit.

 

Can anybody tell me if what our company is doing is legal and if not what should we do, as they like dishing out written warnings for fun at the moment. Scare tactics me thinks!

 

Thanks!

[mariefab]

Can you just confirm that you work 5 days a week?

[Mechguy]

Oh yes, 5 day week.

[mariefab]

The increase to 5.6 weeks (28 days) statutory minimum paid holiday entitlement applies from 1st April 2009.

So, depending on how your leave year is calculated (e.g. January-December etc.), your entitlement could be slightly less (up to 0.9 of a day).

The link below gives more information and you can follow further links to calculate your exact entitlement.

 

Holiday entitlements: the basics : Directgov - Employment

 

Your company is saying that you are only entitled to 4.2 weeks (21 days) paid holiday.

Are they including all 8 Bank holidays in that?

[Mechguy]

No because it's retail we have to work bank holidays (just fininshed today (August bank holiday)). Thanks for the link.

[mariefab]

Are you working 7 out of the 8 Bank holidays then?

 

That's the only way I can see their 4.2 weeks would be correct.

 

Although, I'm not too sure about this time and a half business.

It doesn't seem right that you can lose 7 days holiday entitlement for 3.5 days pay.

[farmlama]

if you work the bank holidays then i believe your company has to substitue anothe day to be taken as holiday instead regardless of whether they are paying time and a half or not, you should still get 5.6 weeks holiday a year

[raydetinu]

Correct they must give you the 28 days, irrespective that you are paid to work BH's. Whats in your contract?

[Mechguy]

Are you working 7 out of the 8 Bank holidays then?

 

That's the only way I can see their 4.2 weeks would be correct.

 

Although, I'm not too sure about this time and a half business.

It doesn't seem right that you can lose 7 days holiday entitlement for 3.5 days pay.

 

Exactly thats what I thought. We do work 7 of the 8 Bank holidays, but the way I have read the laegal stuff, it wouldimply taht we should get 5.6 weeks minus 1 day. I also read that they are NOT allowed to buy back holidays anymore.

[Mechguy]

if you work the bank holidays then i believe your company has to substitue anothe day to be taken as holiday instead regardless of whether they are paying time and a half or not, you should still get 5.6 weeks holiday a year

 

Yeah that's how I thought it would work, time and a half and a day off in leiu if you work the bank holiday, or if you get the bank holiday off because Monday is your usual day off (Monday and Tuesday off every week) then you get no time and a half but you still get the leiu day. Giving you 28 days holiday again either way!:?

[Mechguy]

Correct they must give you the 28 days, irrespective that you are paid to work BH's. Whats in your contract?

 

Just that we are expected to work weekends and Bank holidays. If you work bank holiday you will be paid time and a half. If your days off normaly include Monday, then you will recive a day in leiu for any bank holidays not worked but no extra pay.:?

[angryweasel]

This is an email from the consultation with the then Department of Trade and Industry - Pretty indisputable, I think.

 

Dear all,

The Working Time (Amendment) Regulations 2007 - which increase the holiday entitlement to 4.8 weeks from 1 October 2007, and to 5.6 weeks from 1 April 2009 - were finally made on 19 July.

We have now amended our guidance to reflect the increase in the holiday entitlement:

Employers can find more details on implementing the increase on the Business Link website here: http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073858787&r.l3=1074414642&type=RESOURCES&itemId=1079422234&r.l2=1073858926&r.s=sc An online calculator for the increased holiday entitlement should be available in the next day or two via this link.

Individual workers can also find more details on the Direct.gov website here: http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029788

Finally, detailed guidance and Frequently Asked Questions can be found on the BERR website here: http://www.berr.gov.uk/employment/holidays/index.html A ready reckoner is also available and we will shortly be making model staff statements and paragraphs for contracts of employment available on this website.

To access this guidance, just click on the links above or cut and paste into your browser's address box.

We will be updating the guidance on a regular basis over the next few weeks as we receive feedback on the guidance and specific issues arising. We'll keep you posted of any further updates.

Best wishes,

Peter Stephens & Tracey Millard

Department for Business, Enterprise & Regulatory Reform

Bay 3140, 1 Victoria Street

LONDON

SW1H 0ET

[mariefab]

farmlama at #7

regardless of whether they are paying time and a half or not, you should still get 5.6 weeks holiday a year

&

raydetinu at #8

Correct they must give you the 28 days, irrespective that you are paid to work BH's.

&

Mechguy at #9

I also read that they are NOT allowed to buy back holidays anymore.

 

 

You are all correct. Thank you.

(Mechguy, you're not the only one on this thread who needs to have a word with their employer on this issue.)

 

From 1st April 2009 no more payment in lieu for holidays.

The 5.6 weeks statutory paid holiday entitlement is for time taken off work.

 

The Working Time (Amendment) Regulations 2007 No. 2079

 

If an employer pays an enhanced rate to ensure enough cover for bank holidays it's just a contractual matter, not a statutory one.

[Mechguy]

Thanks everyone very helpfull. Will go kick some ass now!