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Bank Holiday Pay


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My contract states that i receive double time for bank holidays. The Bank Holidays are stated in the contract by name, Christmas Day, Boxing day etc...there are 8 in total plus an additional lieu day that is granted. The operation is 24 hours, 6 days a week, with the operation closed on a Saturday night (I am a permanent night shift worker). The day staff operate on a 7 day rota. I am rostered to work the night of 26th Dec and 27th Dec. My understanding is that i am entitled to double pay from 00.00 hours on each shift due to the Monday and Tuesday being the Bank Holidays this year. My employer is telling us that we are only entitled to one shift at double time and is asking us to vote on whether we want the Monday or Tuesday. It all smells a bit fishy to me, is there anyone who can advise me if they are within their rights??

oneahead

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Can I clarify - the additional lieu day is in lieu of what? And this lieu day is a days holiday, not a day that is paid double time? In which case, that would make it 7 bank holidays that you are paid double time for, and one for which you get an extra days holiday (so it is doubletime, expcept that the "double" is a days extra leave). In which case what the employer is saying sounds correct. But this is, in any case, a contractual matter, and if you believe that it is not correct, the first port of call in questioning it should be the employer.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Best ignore my extra lieu day comment, it is a day granted each year for Christmas shopping and is classed as a days extra holiday. That leaves 8 double time Bank Holidays (if worked). If my contract states that i get double time for a Bank Holiday how can they only pay single time on the Tuesday Bank Holiday??

oneahead

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I don't know - I'm not the employer! You will have to ask them. In the end, much as I hate to say it, if internal procedures don't resolve this you have the right to make a tribunal claim for breach of contract - but do you want to risk your job over a days pay? In the end, that is unfortunately the choice it often comes down to. Sorry.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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