Annual leave entitlement

tapnam · Post by **tapnam** » 24 Aug 2017, 16:07

Hi all,
I am on a twenty hour contract, Wednesday to Saturday. I have read on here that if you attend work for four or more days per week, you are entitled to all of the bank holidays. Is this correct? If so, would that mean 5 hours worth of entitlement for a bank holiday? Even though my contract states that I am Wednesday to Saturday?
I have been regularly working full time hours.
Thanks

Post by **TrueBlueTerrier** » 24 Aug 2017, 16:37

Yes - the number of hours used for holiday purposes would be the contractual hours for that particular day or Leiu day.

tapnam · Post by **tapnam** » 24 Aug 2017, 16:44

Thank you very much for that. If I have been working 40+ hours per week, would that entitle me to the full time hours for the bank holiday? Or does it just go by my contractual hours?

Thanks again

joewyan · Post by **joewyan** » 24 Aug 2017, 18:25

tapnam wrote:Thank you very much for that. If I have been working 40+ hours per week, would that entitle me to the full time hours for the bank holiday? Or does it just go by my contractual hours?

Thanks again

Holiday is based only on your contracted hours. Therefore you wouldn't get paid anything. I'm not sure on how it works if Monday is usually your day off though, I think you might be entitled to a different day off that week instead?

Post by **TrueBlueTerrier** » 24 Aug 2017, 18:26

tapnam wrote:Thank you very much for that. If I have been working 40+ hours per week, would that entitle me to the full time hours for the bank holiday? Or does it just go by my contractual hours?

Thanks again

At the moment contractual.

However, with recent tribunal rulings and the CWU in discussion over this exact issue (average holiday pay from previous 12 weeks) it may change in the next few years.

Post by **TrueBlueTerrier** » 24 Aug 2017, 18:27

joewyan wrote:
tapnam wrote:Thank you very much for that. If I have been working 40+ hours per week, would that entitle me to the full time hours for the bank holiday? Or does it just go by my contractual hours?

Thanks again
Holiday is based only on your contracted hours. Therefore you wouldn't get paid anything. I'm not sure on how it works if Monday is usually your day off though, I think you might be entitled to a different day off that week instead?

Correct. You would be entitled to a Lieu day if you were not due to work on the BH day itself.

Post by **IloveMYredTROLLEY!** » 24 Aug 2017, 18:55

If you don't want the lieu day for a bank holiday falling on your scheduled day off, because actually getting to use those lieu days is like waiting for hell to freeze over (in my depot anyway), you can claim "b/h excess" overtime instead. Presuming your 20 hour week is split evenly, you could claim 5 hours "b/h excess."

My understanding is that taking the lieu day or getting the overtime is your choice, not your lino's and/or not your DOM's. You choose what suits you.

peshwaarinaan · Post by **peshwaarinaan** » 25 Aug 2017, 09:26

I work Wednesday to Saturday too so get the full entitlement. The person that does the leave just adds the days to my holiday entitlement in one block so I end up with two week's extra holidays.

notgoodanymore · Post by **notgoodanymore** » 25 Aug 2017, 16:19

peshwaarinaan wrote:I work Wednesday to Saturday too so get the full entitlement. The person that does the leave just adds the days to my holiday entitlement in one block so I end up with two week's extra holidays.

Thanks guys