What am I entitled to?

[StephanieM]

Hi guys, just got my wage slip for jan's pay, and i think its wrong. right... my hours a week are mon,weds,fri,sat. and xmas day and boxing day was a tues and weds, so am i owed those days in lieu? our salon doesnt open usually on a sunday and we re-opened on the sat,sun mon, therefore im thinking cause i dont work a tues and thurs i should be paid for the sunday as my lieu days were the weds and fri?? some one help, i just want to know whats rightfully mine! also same predicament the week after as it was the new year was the tues? again usually my day off anyway,and we were back in on the weds. i have no contract with them even though i've been here 4 years, so got nothing to refer to,

sorry for the essay someone please help xxxxx

 

[souz]

by law you should have a contract within 3 months of working somewhere. have a look on direct.gov and acas websites for your entitlements and if your still not sure give acas a call x

 

[Tomme]

Xmas day no. Sorry. Its a public holiday. A while back a place I worked had a page from direct gov's site about bank holidays and the company's changes, it basically said bank holidays are as such-a holiday for banks and therefore non bank staff aren't entitled to days off, in liue or extra pay for them days but are entitled to the above for public holidays, Christmas.

As for contracts, you don't legally have to have one in paper. There are 3 types of contract, paper which protect you and the business the most, verbal (you have been told what's what), and implied (very basic, and can easily lead to confusion between the employer and employee, you are expected to know the basics of employment law and that's what your covered for in an implied contract).

Ask your colleagues, so they have a contract in paper? If so then maximum wait would be 12 moths, which would be a probationary period, during this time you can be let go and contracts don't apply, most places give contracts first day but state the probationary period too.

Hope this helps xoxo

 

[sarah_louise92]

Hi guys, just got my wage slip for jan's pay, and i think its wrong. right... my hours a week are mon,weds,fri,sat. and xmas day and boxing day was a tues and weds, so am i owed those days in lieu? our salon doesnt open usually on a sunday and we re-opened on the sat,sun mon, therefore im thinking cause i dont work a tues and thurs i should be paid for the sunday as my lieu days were the weds and fri?? some one help, i just want to know whats rightfully mine! also same predicament the week after as it was the new year was the tues? again usually my day off anyway,and we were back in on the weds. i have no contract with them even though i've been here 4 years, so got nothing to refer to,

sorry for the essay someone please help xxxxx

U should of been paid for days u worked. So if u worked the Sunday u should get paid for the Sunday. If u don't work Tuesdays then u won't get pay for Tuesdays (Xmas day) as its not your day of work. whereas I usually work a tues so I had to get pay with it been a holiday. (Xmas day) If that makes sense? If a holiday falls on your day if working u should still be paid wether your in or not. Well that's how it works where I am. xx

 

[Tomme]

U should of been paid for days u worked. So if u worked the Sunday u should get paid for the Sunday. If u don't work Tuesdays then u won't get pay for Tuesdays (Xmas day) as its not your day of work. whereas I usually work a tues so I had to get pay with it been a holiday. (Xmas day) If that makes sense? If a holiday falls on your day if working u should still be paid wether your in or not. Well that's how it works where I am. xx

But what happens when your open an extra day that your not normally open? Many compensated who are closed Monday (Xmas eve) by opening, that way the pay is normal for staff and they don't miss out xoxo

 

[CHarvey]

If a bank holiday falls on your usual day off then you get it back but if it falls on a day you usually work then you have that day off. If you work a bank hol you get it back.
My usual days are tue/thurs/Friday so I had Xmas day (Tuesday) Boxing Day (Wednesday) Thursday (lieu day for Boxing Day)... Complicated lol

 

[Tomme]

https://www.gov.uk/bank-holidays#england-and-wales

 

[Lynne Baker]

Talk to your employer about this and just ask them to explain it.
They may very well have made a mistake; we're not infallible!
(Well, I am, but that's the cross I have to bear...)

 

[Keli59]

Statutory holiday is 28 days per year. These needs to be on a pro rata basis if you do not work full time. See

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

This explains it all, but unfortunately if you're working week is on a Monday (when most bank holidays are) then you will need to take these from your holiday entitlement (if your current place of work is shut). Maybe you could make up hours some other weeks to allow for those said days perhaps?

Hope that makes sense

 

[StephanieM]

thanks to all for replying< my employer says its different for me as im part time (4days) but to me as i did the sunday as an extra day i should get paid?? so confusing im gonna ring acas and see what they say

Thanks again xxxx

 

[CHarvey]

thanks to all for replying< my employer says its different for me as im part time (4days) but to me as i did the sunday as an extra day i should get paid?? so confusing im gonna ring acas and see what they say

Thanks again xxxx

I'm part time! Still entitled to paid bank holidays

 

[cherrybaby]

This is the correct answer. If you work part time your bank holidays are pro rated the same as your holidays and added to them. Then if your working day falls on a BH you have take that from your holiday entitlement. People whose usual working days include a Monday often find themselves eating into their base holiday entitlement. If a BH falls on a non working day it was your non working day anyway but you've received the benefit of part if that BH through the original calculation above. Hope that makes sense, but ACAS I'm sure will be very helpful if not.

 

[CHarvey]

I get 16 days holiday (4 x days worked a week) if you work 4 days you get 18 days, 5 days 20 days etc PLUS bank holidays. Because my day off falls in a bank holiday I get the option of either taking the day day off afterwards or added on to my holiday entitlement. You don't usually get paid extra for working a bank holiday but EVERYONE is entitled to a day off for every bank holiday. Xx

 

[CHarvey]

Bugger got that wrong!
3days -12 days
4 days -16 days
5 days -20days
Plus bank holidays xx

 

[cherrybaby]

I get 16 days holiday (4 x days worked a week) if you work 4 days you get 18 days, 5 days 20 days etc PLUS bank holidays. Because my day off falls in a bank holiday I get the option of either taking the day day off afterwards or added on to my holiday entitlement. You don't usually get paid extra for working a bank holiday but EVERYONE is entitled to a day off for every bank holiday. Xx

I'm sorry but that's not true. If your employer chooses to do it like that, that's their prerogative, and it's very generous if them, but it ultimately will cost them money. You are entitled to the same proportion of bank holidays as you are Holidays. Ie. if you work 4 days rather than the full time of 5, you are entitled to 4/5 of the year's Bank Holidays.

 

[CHarvey]

I'm sorry but that's not true. If your employer chooses to do it like that, that's their prerogative, and it's very generous if them, but it ultimately will cost them money. You are entitled to the same proportion of bank holidays as you are Holidays. Ie. if you work 4 days rather than the full time of 5, you are entitled to 4/5 of the year's Bank Holidays.

It's what ACAS told me x

 

[CHarvey]

I stand corrected I just double checked (must have changed in last three years)
You are entitled to 5.6 weeks pro rata holiday a year. Including bank holidays which actually works out exactly the same as what I get lol

 

[CHarvey]

You do four days a week so you are entitled to 5.6 x 4 days which is 22.4 days per annum. This includes bank holidays.
So in this situation nope they didnt have to pay you extra for working the Sunday...I think...blinking Eck it's complicated in it lol xx

 

[sarah_louise92]

I know that I get 12 days and I work 3days a week. If a BH falls on a day I work then I don't have to use one of my own holiday days. I just get paid for it as normal if that makes sense.

 

[CHarvey]

https://www.gov.uk/calculate-your-holiday-entitlement