question about bank holiday entitlement

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twinkle2 Posts: 188
Hi I have looked at the citizens information site but its not totally answering my question. My DH is a Bar Manager, his day off is a Monday and every other Friday. he has never been given an extra day off for bank holidays, or any extra money for when he works st Patricks day, st stephens day, New years Day etc. I would have thought that he would be able to claim extra days holidays for his day off being on a monday when there is a bank holiday. I would have also thought that when working a bank holiday he should be entitled to additional days leave. he has worked there full time for 14 years and just gets the standard 20 days leave. With us due another baby in a couple of weeks we could do with some extra time off. Hopefully there is someone out there who understands the employment laws!! Thanks for your help.
olivia123 Posts: 824
work in a bar too and i get day off for bank holiday or pay in lieu. not necessarly on bank holiday but at convienent time to both employer and myself. would definatly say he is entitled to bank holiday pay or time off if he is working full time. Does he have a contract? It might be specified in this. Try posting in legal and regilious, might get a better answer there. Also ring or call in to citizens advice since the web site doesn't answer your question completly. You can also google bank holiday entitlements/laws and see what comes up. good luck.
twinkle2 Posts: 188
thanks.......i will get him to give a call. His contract is goodness knows where after 14 years! thanks again
brightling Posts: 1496
Yep, he should definitely be getting a day in lieu. I used to work a 4day week, Tues to Fri and always got a day in lieu for Bank Holiday weeks.
thepetals Posts: 532
have this info (buried under mountatins of paperwork) in work... will have a look for it and post up for you early next week if you want... P
twinkle2 Posts: 188
thanks- brightling the petals if you could take a look and let me know i would be very grateful. Thanks
theoracle Posts: 7664
He is entitled to be paid also when he hasn't actually worked on a public holiday, the only pre-qualification is that he has to have worked 40 hours in the 5 weeks previous to that holiday. If he has worked on a public holiday, he is entitled to either a paid day off within a month of the public holiday OR an additional day of annual leave OR An additional day's pay OR the nearest church holiday to the public holiday as a paid day off. If he has't worked on the public holiday but has still accrued 40 hours in the 5 weeks previous, he is entitled 1/5 of his weekly pay for the PH.
thepetals Posts: 532
Hiya Twinkle... Found it.... :o)ll I can email you a full copy of the following if you need it... ORGANISATION OF WORKING TIME ACT, 1997 [b:31ivkxrb]Conditions for qualifying for Public Holiday benefit[/b:31ivkxrb] 3.2 Employees, other than part-time, have an immediate entitlement to public holiday benefits. Part-time employees must have worked at least 40 hours in the 5 weeks ending on the day before the public holiday to qualify for public holiday benefit. [b:31ivkxrb][u:31ivkxrb]Entitlements of employees in respect of a public holiday[/u:31ivkxrb][/b:31ivkxrb] 3.3 In respect of a public holiday the employee is entitled to whichever of the following his/her employer determines: a) a paid day off on that day b) a paid day off within a month of that day c) an additional day of annual leave d) an additional day’s pay. If, following a request from an employee, no later than 21 days before the public holiday, an employer does not nominate one of the options above, the employee will automatically be entitled to a paid day off on the day of the public holiday. Pay for a Public Holiday 3.5 Where the public holiday falls on a day on which the employee normally works, the employee is entitled to a day’s pay for the public holiday. Where the public holiday falls on a day on which the employee does not normally work, the employee is entitled to one fifth of his/her normal weekly wage for the public holiday. Where the employee is required to work on the public holiday, the employee is entitled to an additional day’s pay for the public holiday (or to a paid day off within a month of the public holiday or to an additional day of annual leave). 15 If the employee ceases to be employed during the week ending on the day before a public holiday, having worked during the 4 weeks preceding that week, Is an employee who is not normally required to work on a public holiday entitled to compensation for the day? Yes, even though an employee may never be rostered to work on a public holiday he/she will be entitled to one fifth of the normal weekly rate (averaged over a fortnight in respect of jobsharers). hth P
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