sorry to bring this up

Re: sorry to bring this up

Sal the 1st — Sat, 13 Feb 2010 14:10:11 GMT

yes this is what i thought. I used to work for vets4pets and it was in our contract to work Good Friday for which we received a day off -( a day for a day) nothing extra. The main difference was we had to work a full day to get a full day off - so you being on call from home, yes I can see why ACAS thought this was a pretty good deal

Re: sorry to bring this up

FINNIGAN — Fri, 12 Feb 2010 23:26:00 GMT

sorry, ive opened a can of worms here havnt i, i spoke to ACAS they said its up to employers discretion if they pay me for being called out!!!, if im on call on a bank holiday, wether im called out of not i get a day off in lieu, our on call is done from home, im at home until called out but cannot go more than 20 mins away,but if im called out i dont get any hourly rate etc for being there, if the owners animal is insured and has to have major treatment then under vets discretion i may get a nurse fee, theyve said the day off in lieu is basically in return for working the b, holiday so in fact i could be better off cos im getting an 8hr pay in return if you get wat i mean, bloody bank holidays!!!!

Re: sorry to bring this up

Denise — Thu, 11 Feb 2010 15:38:41 GMT

My contract says 20 days paid holiday per year and states that 8 days public holidays will be treated separately from this allowance.

Our surgery is open all the Bank Holidays except Christmas Day, New years Day and Easter Sunday .We are also open every Saturday and Sunday. Since our contract includes weekends we get 2 days off in lieu of the weekend but no extra pay. The same applies with the Bank holidays although we are not on call once the surgery closes as wee have an OOH provider for this.

When I used to do Bank Holidays on call I did not get time off in lieu but did get double time for being called out- which on a busy Bank holiday was a nice bonus.However I did not have to stay at work if there were no emergencies.

Re: sorry to bring this up

Claire Cameron — Thu, 11 Feb 2010 15:16:27 GMT

Forgive me if I'm wrong here

I believe that you are entitled to 28days holiday a year, this may include bank hols if your boss wants this to. It does not have to include bank hols. Provided you have 28ays hol a year this is correct.

A day in lieu is basically normal pay. ie I could work full day Saturday and then have a day off on Monday, now I'd normally get paid for working Monday but not Saturday so we're fair and square.

You aren't entitled to extra pay on bank hols. You could get a day in lieu which is you working the bank hol then getting another day off in return - ie normal pay, no extra

Hope this makes sense to someone else other than me

Re: sorry to bring this up

hissycat — Thu, 11 Feb 2010 14:42:48 GMT

so confused now, think i've had too much caffeine!

so if you don't work a BH you get paid because it counts as one of the 28 days, but if you work it you get another day off somewhere which is paid, but you don't get paid for the work you do on the BH?

My brain isn't computing today, I may have to give up on this

Re: sorry to bring this up

Claire Cameron — Thu, 11 Feb 2010 14:38:03 GMT

[quote user="Gillian Mostyn"]

But there is no legal rule whatsoever that says you have a right to a bank holiday. The 28 days could exclude bank holidays if your employer puts that in your contract.

[/quote]

Yep, check here for more info

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

you are entitled to a minimum of 5.6 weeks paid annual leave (28 days for someone working five days a week)
part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
you start building up holiday as soon as you start work
your employer can control when you take your holiday
you get paid your normal pay for your holiday
when you finish a job, you get paid for any holiday you have not taken
bank and public holidays can be included in your minimum entitlement
you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

Re: sorry to bring this up

Gillian Mostyn — Thu, 11 Feb 2010 14:00:14 GMT

[quote user="hissycat"]they have to give a day off in leiu to ensure you get your full 28 days holiday[/quote]

But there is no legal rule whatsoever that says you have a right to a bank holiday. The 28 days could exclude bank holidays if your employer puts that in your contract.

[quoteuser="hissycat"]so technically if you aren't paid you are really working for free?[/quote]

No - because you are working a day, and then getting paid for a day that you don't work. Evens out.

This isn't to say I agree with this - I also feel you should be paid for your time spent in the practice - which would effectively mean you get double time for this - but there is no law that says your employer has to.

Re: sorry to bring this up

hissycat — Thu, 11 Feb 2010 12:25:09 GMT

but even if on call is not paid for, you should def. be paid for any time you have to go and spend in work, BH or not. pretty raw deal otherwise.. you could end up working all day for nowt!

Re: sorry to bring this up

Sal the 1st — Thu, 11 Feb 2010 12:20:48 GMT

it would depend on what the normal oncall arrangement was. If oncall is normally done from home and normally not paid for then bank holiday would make no difference because the bank holiday has already been allowed for by giving the lieu day.

Re: sorry to bring this up

hissycat — Thu, 11 Feb 2010 12:06:34 GMT

I would have thought you should still be paid, they have to give a day off in leiu to ensure you get your full 28 days holiday, so they are not doing you any favours there... so technically if you aren't paid you are really working for free? unless I am missing something they would only have to pay you for the time you are actually there working though, unless you normally get a retainer or something. what about ringing ACAS or BVNA?

Re: sorry to bring this up

Sal the 1st — Thu, 11 Feb 2010 11:42:38 GMT

can you clarify something for me - you are being offered a day off in leiu for being on call. Does this mean your oncall is from home or you are at the place of work on call? What is the normal method of 'payment' for oncall not occurring on a bank holiday?

What does it say in your contract?

Re: sorry to bring this up

melloyello — Thu, 11 Feb 2010 08:41:06 GMT

Is bank holiday working still voluntary, and does it attract premium rates of pay?

If you work on a bank or public holiday, there is no automatic right to an enhanced pay rate. What you get paid depends on your contract of employment.

· Some companies expect staff to work a fixed number of bank holidays in a year.

· Some companies have a consolidated hourly rate to reflect this contractual obligation.

· Some companies operate on volunteers alone. Some pay premium rates.

It depends on who you work for, and in some companies what type of contract you're on.

(From the GMBAA website for unions)

Re: sorry to bring this up

Vicky RVN — Thu, 11 Feb 2010 07:53:12 GMT

I wouldn't have thought they would have to pay you, cos you're getting your day off in lieu? I might be wrong though. When i worked bank hols we didn't get paid extra, just got a day off. We'd be in the building all day.

Re: sorry to bring this up

FINNIGAN — Thu, 11 Feb 2010 07:28:51 GMT

we had a meeting last night, and the bos said he would give us the day off in leiu for being on call on a bank holiday, but no payment if we are called out, i just want to know if he HAS to pay us or if this is up to his discretion, i cannot find any website that states this fact they just say its up to employers discretion as th day off in leiu is the days payment!!!

Re: sorry to bring this up

Kim Buckley — Thu, 11 Feb 2010 07:13:33 GMT

When I work a weekend day I get a day off in lieu. You aren't working for free because you get paid for your day off. However I would kick up a fuss because I get 2 days off in lieu for a bank holiday which means double pay. I think you should get paid extra for working a bank holiday!