Hello, need some advice about bank holidays, not sure what to do.
I went part time in December 2009 3 days a week from Monday-Wednesday, every time there was a bank holiday on the day that i worked i would get the hours i would have worked had it not been a bank holiday & had the bank holiday been on my non-working day then i got 1/5. It was our manager that told us to do this.
A few weeks ago the manager said that they had not been doing this correctly & regardless of the days worked i should only get 1/5 if the bank holiday is on my working or non working day. I am in a bit of a pickle as most of the bank holidays happen to be on a monday, s0 i have to make up at least 3 hours or take this out of my leave..
Am i right in believing that they cant chnage the practice as it is something that they told us to do & is now deemed as part of my contract. Please help
They were right to change it as the olf-fashioned simple approach is not really compatible with the part Time worker Regs. The way they have done it does not make sense but I struggle to find a good way of describing the pro rata approach but you should get 3/5th of 8 (or 9 next year)
The policy of getting 1/5 has always been in place in our organisation, they were just not doing it right so when i went part time it was on the understanding that i would be credited my full hours for the day which is what our manager told us to do, turns out this was wrong, they are now saying this was not right, does custom & practice come into this or not??
Thanks very much
If the system was always in place, the fact that it had been wrongly interpreted does not mean that you now keep this under c&p - look on it as a bonus that you have in effect been receiving 'extra' and that, going forwards you will be in line with your company policies
However, I personally agree that the 1/5 is outdated and that you should receive 3/5 of 8 bank holidays per year to keep in line with regs and to ensure you get the right equivalent amount to staff who work 5 days per week
What will 3/5 mean for someone working 3 days a week Mon-Wednesday; 21 hours in total
Try looking at it a different way. How many days leave (including bank holidays) does a full time member of staff get? Divide that by 5.
Now, you work 3 days per week, so your annual leave entitlement (including bank holidays) should be 3 x the number you just got. That is the number of days annual leave you are entitled to, including bank holidays.
Now, simply deduct a day of annual leave each time there is a bank holiday and voila!
worked example - full timer gets 33 days including bank holidays. 33/5 = 6.6. so for 3 days a week - 3 x 6.6 = 19.8 (which your emplloyer could round to 20).
Therefore entitlement is 8 paid bank holidays (assuming all 8 fall in your working pattern) and 11.8 (or 12) days to take as required.
semper ad meliora
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