Advice on B/H working.

Leekbrookgull · Apr 27, 2016

Mrs LBG works nights in a care in Leek and her rota for this weekend is this. Sunday 9pm-7am and Monday 9pm-7am. When she asked about having earned a lieu day was told no,but a small hourly increase for the weekend. Advice please,to me she has earned a 'paid' day-off ?

Frutos · Apr 27, 2016

What does her contract say?

Leekbrookgull · Apr 27, 2016

Need to check,should it make a difference ? A Bank Holiday is a Bank Holiday.

AmexRuislip · Apr 27, 2016

Leekbrookgull said:
Mrs LBG works nights in a care in Leek and her rota for this weekend is this. Sunday 9pm-7am and Monday 9pm-7am. When she asked about having earned a lieu day was told no,but a small hourly increase for the weekend. Advice please,to me she has earned a 'paid' day-off ?

Hope this helps

https://www.gov.uk/holiday-entitlement-rights/entitlement

Springal · Apr 27, 2016

All depends on contract and employee handbook.

Frutos · Apr 28, 2016

Leekbrookgull said:
Need to check,should it make a difference ? A Bank Holiday is a Bank Holiday.

It will make a difference depending on whether her contract says she is required to work bank holidays or not.

yorkshire seagull · Apr 28, 2016

Even NatWest are opening on Bank Holiday this time, so it looks like they're becoming less relevant.

Like the others have said, it depends on her contract. No-one's entitled to a day off just because it's a bank holiday.

Thunder Bolt · Apr 28, 2016

Her holiday entitlement on the contract will include 8 days public holidays.

Da Man Clay · Apr 28, 2016

Thunder Bolt said:
Her holiday entitlement on the contract will include 8 days public holidays.

Not always. Mine doesn't. Wouldn't expect it to for someone working in care either.

Half Time Pies · Apr 28, 2016

Because of the nature of care being 24/7 365 most care jobs will require you to work bank holidays if your shift falls on that day. In which case the 8 annual bank holidays will already be built in to her annual leave entitlement.

Half Time Pies · Apr 28, 2016

Da Man Clay said:
Not always. Mine doesn't. Wouldn't expect it to for someone working in care either.

In care it absolutely normally does as care companies would have a big problem if employees exercised their rights to not work a bank holiday and they couldn't cover the care need. In many sectors a workforce can be scaled down or given the day off on a bank holiday however care is not like that. Contractually if an employee can't give the bank holidays off then the easiest way to get around this is to factor the bank holiday entitlement in to the employees overall annual leave allowance.

Sweetie · Apr 28, 2016

Pretty sure that the working time directive now states that one should get a minimum of 28 days holiday (if working a 40 hour week). If one works in an office environment and the office closed on bank holidays then 8 of those days are taken up by them. If one works in a business which is open as a bank holiday then one can be expected to work on a bank holiday and whilst they are no longer entitled to a "lieu day" they have not used one of their holidays so still have that day to take as an holiday day in the future.

KingstonSeagull · Apr 28, 2016

Have to look at holiday allowance. Mine states x days + public holidays.

happypig · Apr 28, 2016

I work shifts and bank holidays are worked as normal but we get overtime for hours worked at 2.5x hourly rate. On the old contract you could have 2.5x pay or 1.5x and a day in leiu.
There is no statutory entitlement for extra pay or time off.

Da Man Clay · Apr 28, 2016

Half Time Pies said:
In care it absolutely normally does as care companies would have a big problem if employees exercised their rights to not work a bank holiday and they couldn't cover the care need. In many sectors a workforce can be scaled down or given the day off on a bank holiday however care is not like that. Contractually if an employee can't give the bank holidays off then the easiest way to get around this is to factor the bank holiday entitlement in to the employees overall annual leave allowance.

Or additional pay - as mine is. Which is why it's important for the op to find out what is his wife's contract.

Paul Reids Sock · Apr 28, 2016

My wife is a nurse and she will be doing the same on Monday - no day off in lieu.

It is in the contract that she signed when she joined. She gets an unsociable hours increase but it isn't massive. It is, unfortunately, the value that we put on health professionals.

Official Old Man · Apr 28, 2016

I have staff who are contracted to work any given day, which includes weekends and bank holidays, due to the nature of the business, tourist trade. They DO get their holiday pay as set down by law but bank holidays and weekends are treated as just another day with no added wages or compensation. They know all of this though before starting work and it is clearly explained to them.

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