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Boxing day
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Boxing day
http://www.lawsociety.org.uk/advice/pra ... titlement/" onclick="window.open(this.href);return false;
2.7 Pay in lieu of annual leave
Statutory annual leave cannot be replaced by a payment in lieu except where the worker's employment is terminated (Reg 13(9)).
Similarly, an employer may not pay a worker in lieu an enhanced hourly rate rather than allow them to take their statutory holiday in a given leave year. The 'rolling up' of holiday pay was ruled to be contrary to Article 7 of the WTD by the ECJ in Robinson-Steele v PD Retail Service.
http://www.is4profit.com/business-advic ... leave.html" onclick="window.open(this.href);return false;
4.1 The legal minimum for annual leave is 5.6 weeks per year.
You cannot replace the holiday entitlement with pay in lieu, except when employment comes to an end.
2.7 Pay in lieu of annual leave
Statutory annual leave cannot be replaced by a payment in lieu except where the worker's employment is terminated (Reg 13(9)).
Similarly, an employer may not pay a worker in lieu an enhanced hourly rate rather than allow them to take their statutory holiday in a given leave year. The 'rolling up' of holiday pay was ruled to be contrary to Article 7 of the WTD by the ECJ in Robinson-Steele v PD Retail Service.
http://www.is4profit.com/business-advic ... leave.html" onclick="window.open(this.href);return false;
4.1 The legal minimum for annual leave is 5.6 weeks per year.
You cannot replace the holiday entitlement with pay in lieu, except when employment comes to an end.
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Boxing day
Another side note.
This holds for any and all BH not just Christmas.
I've got that T-Shirt as well.
There's a minimum weekly break of 24hrs in 7 days but that's not the same thing.
This holds for any and all BH not just Christmas.
I've got that T-Shirt as well.
Since when was there such a thing as a "statutory day off"?again your not allowed to receive a payment in lieu of a statutory day off
There's a minimum weekly break of 24hrs in 7 days but that's not the same thing.
good times, bad times you know I've had my share
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Boxing day
statutory annual leave im talking aboutfishtank wrote:Another side note.
This holds for any and all BH not just Christmas.
I've got that T-Shirt as well.
Since when was there such a thing as a "statutory day off"?again your not allowed to receive a payment in lieu of a statutory day off
There's a minimum weekly break of 24hrs in 7 days but that's not the same thing.
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Boxing day
You're not getting this.zx135 wrote:You cannot replace the holiday entitlement with pay in lieu, except when employment comes to an end.
We don't work bank holidays so you're not replacing the Bank Holiday with anything.
You're replacing your day off with money which loads of people do on a weekly basis...by working it.
good times, bad times you know I've had my share
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Boxing day
fishtank wrote:You're not getting this.zx135 wrote:You cannot replace the holiday entitlement with pay in lieu, except when employment comes to an end.
We don't work bank holidays so you're not replacing the Bank Holiday with anything.
You're replacing your day off with money which loads of people do on a weekly basis...by working it.
i am getting this, read my posts ive been very clear on the matter
a new starter gets 23 days off annual leave, to make it up to the legal minimum statutory annual leave of 28 days you need to include 5 bank holidays, he legally can not receive a payment in lieu for these 5 bank holidays he must be given the time off as annual leave instead, and as i said if boxing day is one of the 5 days being used to make up his statutory minimum he cannot get paid for it instead legally
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Boxing day
But he is getting Boxing day off so that satisfies your criteria for annual leave.zx135 wrote:a new starter gets 23 days off annual leave, to make it up to the legal minimum statutory annual leave of 28 days you need to include 5 bank holidays, he legally can not receive a payment in lieu for these 5 bank holidays he must be given the time off as annual leave instead, and as i said if boxing day is one of the 5 days being used to make up his statutory minimum he cannot get paid for it instead legally
What he isn't getting that week is a day off.
Instead he will be paid for it.
All perfectly legal and above board.
good times, bad times you know I've had my share
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: Boxing day
he is scheduled to be off on the monday, monday is his day off not annual leave, annual leave days are not used up when you are on your days offfishtank wrote:But he is getting Boxing day off so that satisfies your criteria for annual leave.zx135 wrote:a new starter gets 23 days off annual leave, to make it up to the legal minimum statutory annual leave of 28 days you need to include 5 bank holidays, he legally can not receive a payment in lieu for these 5 bank holidays he must be given the time off as annual leave instead, and as i said if boxing day is one of the 5 days being used to make up his statutory minimum he cannot get paid for it instead legally
What he isn't getting that week is a day off.
Instead he will be paid for it.
All perfectly legal and above board.
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welshy808
- Posts: 182
- Joined: 26 Jun 2009, 20:51
- Gender: Male
Re: Boxing day
Although annual leave days are not used up when you are on your days off, He/She would be getting both the leave and the payment. This is over and above the legal minimum, and the union should take credit for negotiating it.zx135 wrote:he is scheduled to be off on the Monday, Monday is his day off not annual leave, annual leave days are not used up when you are on your days offfishtank wrote:But he is getting Boxing day off so that satisfies your criteria for annual leave.zx135 wrote:a new starter gets 23 days off annual leave, to make it up to the legal minimum statutory annual leave of 28 days you need to include 5 bank holidays, he legally can not receive a payment in lieu for these 5 bank holidays he must be given the time off as annual leave instead, and as i said if boxing day is one of the 5 days being used to make up his statutory minimum he cannot get paid for it instead legally
What he isn't getting that week is a day off.
Instead he will be paid for it.
All perfectly legal and above board.
if it were applied as you state then a person on a 6 hour, 1 day contract would only have to work 24 weeks a year. and receive the other 28 weeks as leave.
RM policy is stated below but this was shown to have been out dated due to the new Christmas agreement reached in 2012, with no special arrangements available for staff on shorter than 4 day attendance, the full days were paid. it took 8 months but the AG's appreciated the effort put in.
15. Adjustment of attendances for Public, Bank or Post Office (P.O.) Holidays
In weeks containing a Holiday, employees will receive an attendance credit equal to the number of conditioned hours due to be worked on that day. When work requiring managerial attendance is specifically transferred to another day, the time required will also be transferred to that day and will not form part of the attendance credit.
Where a rest day is due on a Holiday(or associated compensatory leave day) and the rest day is not transferred to another day, then the attendance credit will be equal to the average conditioned hours due for that week, being 1/5 of conditioned hours for 5-day, or 1/4 for a 4-day duty. Similar credits will also apply in the week(s) containing Christmas. Special arrangements apply for part-time or other duties with less than four attendances per week.
For manager levels 3-5, attendance in excess of the normal weekly hours will be paid as overtime.
When it is impracticable to adjust the hours of attendance of postal grades within the holiday week, hours worked in excess of the adjusted conditioned hours (excluding any hours worked on the Public and Bank Holidays) should be paid as normal overtime at the Monday to Friday overtime rate. If, on the other hand, there is a deficiency of hours, it should be absorbed within 2 weeks, but waived if this is impracticable.
Postal grades on 5-night duties starting on Mon/Tue night should regard Sun/Mon night as the rest day. Similarly other 5-night duties will have a rest day on one night of the week. Where a Holiday coincides with a rest day, employees should receive a credit as above.
No attendance credit is due to Mon-Fri employees when a Holiday falls on a Saturday, since an alternative holiday will be provided.
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joesmyth912
- Posts: 29
- Joined: 17 Dec 2010, 22:41
- Gender: Male
Re: Boxing day
is there somewhere i can see the full agreement on this ? my dim says if its in the agreement he will pay the ot 
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clashcityrocker
- Posts: 16728
- Joined: 22 Sep 2009, 13:50
- Gender: Male
- Location: strummerville
Re: Boxing day
Christmas and New Year Arrangements 2013/14joesmyth912 wrote:is there somewhere i can see the full agreement on this ? my dim says if its in the agreement he will pay the ot
3.4 Rest days will apply in line with normal year round arrangements. Attendances may be varied by local agreement to take account of workload forecasts and service requirements. Where workload requires people can volunteer to work their normal rest day in return for a day in lieu or scheduled attendance
Where a rest day falls on a Bank Holiday (i.e. 25, 26 December or 1 January, plus 2 January in Scotland) and it is not operationally sensible to transfer the rest day to another day in the same week people will receive an additional day holiday (including those working ‘a week off in six’ or other variations on this theme) in the form of a day in lieu or alternatively the excess hours can be taken as normal overtime.
Either tell him to get hold of a copy of the Christmas and New Year arrangements 2013/14 or ask your rep for a copy.
The societies of consumption and squandering of material resources are incompatible with the idea of economic growth and a clean planet.
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ROSSCO
- Posts: 67
- Joined: 17 Oct 2008, 19:37
- Gender: Male
Re: Boxing day
Thanks for everyones help.
Asked the DOM today and he will pay me the day as overtime instead of the day in lieu.
Just told me to remind him xmas week.
Asked the DOM today and he will pay me the day as overtime instead of the day in lieu.
Just told me to remind him xmas week.
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Pinky 1
- Posts: 1510
- Joined: 01 Mar 2009, 11:38
- Gender: Male
- Location: Wales
Re: Boxing day
Read the whole thing yourself here .....joesmyth912 wrote:is there somewhere i can see the full agreement on this ? my dim says if its in the agreement he will pay the ot
http://www.royalmailchat.co.uk/communit ... =xmas+2013" onclick="window.open(this.href);return false;
and print off the bits you need.
"Cara yn bod 'n briod , dydy 'n fawr at ca a hun 'n anad berson a 'ch angen at blina achos 'r bwyso chan 'ch buchedd "
" I like being married,, it's great to find that one special person you want to bother for the rest of your life "
" I like being married,, it's great to find that one special person you want to bother for the rest of your life "
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cobberwebb
- Posts: 62
- Joined: 25 Sep 2013, 15:49
- Gender: Male
Re: Boxing day
Thanks for this post! My days off fall on the 25th and 26th, so hopefully I can take them both as OT instead of days off in lieu. I wants a PS4 
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mr deeds
- Posts: 212
- Joined: 18 Sep 2008, 17:23
- Gender: Female
Re: Boxing day
you'll be lucky sold outcobberwebb wrote:Thanks for this post! My days off fall on the 25th and 26th, so hopefully I can take them both as OT instead of days off in lieu. I wants a PS4
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cobberwebb
- Posts: 62
- Joined: 25 Sep 2013, 15:49
- Gender: Male
Re: Boxing day
I'm in no rush for one. They'll be quickly back in stock in the new year.mr deeds wrote:you'll be lucky sold outcobberwebb wrote:Thanks for this post! My days off fall on the 25th and 26th, so hopefully I can take them both as OT instead of days off in lieu. I wants a PS4