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  • #1

    Holiday Dispute

    Hey all!

    Hope everything is fine and dandy with you all.

    I'm currently considering disputing work holiday.

    I am being told that I've taken all of my holiday allowance, however, being told that because the business is closed on boxing day, I have to take this as my lieu day (day owed to me for working a weekend)

    I don't know where I stand? I've never heard of this before. I didn't think I had to take my holiday allowance or any days owed to me if the business is shut, bearing in mind it doesn't state that we are closed on boxing day anywhere in my contract.

    I have had to work a couple of bank holidays due to no holiday however I don't think I've taken it all. I ask my manager and she says I have, so I tried to speak to payroll instead and they forwarded me to her.

    Please advise as I don't particularly fancy working boxing day. lol.

    Many thanks,

    TM


    TibetanMonk
    On Debt Row

    AAD has so much to offer and wants so little back. Take advantage while you can.
    Tags: 1st, agency, allowance, april, bank, bank holidays, christmas, con, contract, daily, date, employment, entitlement, fine, firm, holiday, holidays, job, list, mas, owed, paid, payroll, rac, rate, staff, state, trace, work, working
  • #2
    Re: Holiday Dispute

    What does your contract say about working bank holidays? How long have you been in the job and how much holiday are you entited to ? Can you trace your holiday time?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Holiday Dispute

      Originally posted by cymruambyth View Post
      What does your contract say about working bank holidays? How long have you been in the job and how much holiday are you entited to ? Can you trace your holiday time?
      Contract states as follows:-

      "There are 8 Bank Holidays throughout the year; therefore 8 days from your holiday entitlement will normally be allocated to be taken on a bank holiday. Because of the nature of our business you will be required to work the occasional Bank Holiday, and it is a condition of employment that you work these days when required to do so"

      I've worked here since 21st January 2014. So under a year. Permanent member of staff since Mayish. All staff start on agency and then move onto permanent contracts after 13 weeks, then undergo a further 13 week probation. Both of which I have passed. I'm entitled to 28 days holiday, less the bank holidays. I can't trace it as I've not made a record of it unfortunately

      - TM


      TibetanMonk
      On Debt Row

      AAD has so much to offer and wants so little back. Take advantage while you can.

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      • #4
        Re: Holiday Dispute

        Do you still have your payslips? they will show when you were paid for bank holidays, and the number of days, well they should anyway. If it doesn't show number of days, you will easily know how many they were, since you just divide your gross pay by whatever your daily rate is.

        I not a contract employment expert, but id imagine, if your contract states your holiday entitlement includes bank holidays, and you have taken them all already, then boxing day is classed as a bank holiday as well. Since all holiday is taken, and they are closed that day, they would have no choice but to pay you in lieu. You cant work a day they are shut.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Holiday Dispute

          Wow what a confusing contract - most places if they work bank holidays would list holidays as 28 days (20 day minimum plus 8 for bank holidays) You would have accrued holiday entitlement from the day you became permanent - so from 21st April so 8 months - your entitlement to date should be 8 x 12th's of 28 so 19 days if they round up which most firm will. Are you being asked to book Christmas Day and New Years day off too?

          You need to work back how many days holiday you have taken to see if you still have accrued entitlement - unless you know exactly what you have taken you cannot possibly know if you have any entitlement left...

          Jane x

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