Employment help?

[T16GEM]

Hi all, I just wondered if anyone is in HR and can help me, I have returned to work after maternity leave and have reduced my hours to do 3 full days instead of 5. My employer has said that I am no longer entitled to Bank Holidays and must take those days out of my annual leave entitlement, however I do not have the option open to me to work on BH Mondays as the office is closed. They said that this is part of a National Directive but wouln't show me.

Does anyone have any experience of this or any idea what they are talking about?

Thanks a lot

Gems

 

[wideeyes]

hi I am not a 100% certain and don't have experience on this however I read recently in a parent handbook that after maternity leave they can change your job role however it has to be similar to the one you already had, for example same pay, conditions and hours so don't think they can do what they have done.

I would be suspicious that they have not shown you where it says that.

There was a survey recently that I also read that said that many women don't know there rights when they go on maternity leave, I think that all women should be provided with a information back before they go on maternity leave as it seems that employers take advantage.

Hopefully some one can come along and help make this situation clearer for you.

 

[Claire L]

I am sure I read a short while ago that at present there is nothing to say you are entitled to Bank Holidays over and above your annual leave entitlement. Some companies are generous and give BH on top of your statutory leave but they do not have to. If your company is giving BH over and above annual leave to some people but not others ie part time workers then you may have a claim against them for discrimination, but I am not entirely sure. Best bet is to ask at your local CAB they should be able to help.

Claire

 

[Claire L]

Here is the official ruling regarding Bank Holidays.

Claire

 

[gilld]

Hi all, I just wondered if anyone is in HR and can help me, I have returned to work after maternity leave and have reduced my hours to do 3 full days instead of 5. My employer has said that I am no longer entitled to Bank Holidays and must take those days out of my annual leave entitlement, however I do not have the option open to me to work on BH Mondays as the office is closed. They said that this is part of a National Directive but wouln't show me.

Does anyone have any experience of this or any idea what they are talking about?

Thanks a lot

Gems

I work 2 days a week, Wednesday and Thursday, so according to my employers, of which my husband is one, as I do not normally work Mondays I will not be allowed any Bank Holiday days - except those on days I would normally work.

However, in July I have been asked to change to Mondays and Wednesdays, so I will be entitled to have all Bank Holidays off that fall on a Monday or Wednesday.

I think this is correct as it is exactly what happened when I worked in a school. You definitely do not have to take a days A/L if you normally work on a Monday and your place of work is closed. If this is what they are suggesting, then you need to seek advice from a Trade Union or a lawyer specialising in Employment Law.

 

[T16GEM]

That is what I don't understand, the other people in my department who work full time are entitled to it but all of a sudden I am not, and Monday is a normal day that I would work. I think I will ask the CAB and see what they say, my company's HR department really are AWFUL!!
Thanks for the Link ClaireL

 

[FloridaSam]

As mentioned by others I would try CAB or ring the ACAS helpline. Heres a link to their site. http://www.acas.org.uk/

Good luck

Sam

 

[Claire L]

You definitely do not have to take a days A/L if you normally work on a Monday and your place of work is closed.

Nope that is not correct as per the link I have given it says that Bank Holidays are not over and above any statutory leave entitlement so as long as you are given the statutory entitlement of 4 weeks, or pro rata for part time employees if you want paying for a Bank Holiday that you would of normally worked then it has to come from your leave entitlement as per the paragraph below -


Employment Policy & Legislation
Employment Guidance

Your guide to the Working Time Regulations. Sections 5-11
URN No: 03/1068/A1


SECTION 7: PAID ANNUAL LEAVE

Every worker – whether part-time or full-time – covered by these regulations is entitled to four weeks’ paid annual leave. This includes workers who are subject to the Road Transport Directive.

A week’s leave should allow workers to be away from work for a week. It should be the same amount of time as the working week: if a worker does a 5-day week, he or she is entitled to 20 days’ leave; if he or she does a 3-day week, the entitlement is 12 days’ leave.

The leave entitlement under the regulations is not additional to bank holidays. There is no statutory right to take bank holidays off. Therefore a worker who is not otherwise paid in respect of bank holidays may take bank holidays as part of his or her annual leave entitlement in order to receive payment for these holidays.


Claire

 

[UKDEB]

It helps to think of it in terms of days rather than weeks. How many days were you entitled to (including Bank Holidays) when you worked full-time? How many are you entitled to (in total) now? Pro-rata is it there or thereabouts? In the company I work for, there are two different types of part-time contracts (those which have been in existance for years and those which are implemented now). Needless to say, the newer ones work in favour of the employer rather than the employee, but, on the whole, the amount of leave more or less equals out.

 

[kristieuk]

The key here is not what the statutory minimum for holidays is, or whether workers are entitled to have bank holidays off etc - it is that part time workers are entitled to exactly the same rights as full time workers at their place of work ie you cannot be discriminated against because you work part time - and you definitely cannot be discriminated against because you are female (there is plenty of case law relating to part time workers who are generally more likely to be female because the female normally takes the role of main child carer - I know not always the case, but the courts accept this is more likely).

In short, you are entitled to exactly the same annual leave, pro rata, as someone in a full time position. Therefore, if a full time worker has 20 days + 8 days bank holidays (total 28 days) and you work half a full working week, you are entitled to 14 days leave each year. That could either be by having 6 days + 8 days bank holidays, or by giving you 14 days, and it would be up to you to take bank holidays off or some other day as you choose.

If you are not getting your full entitlement, tell your boss you are considering taking him to an employment tribunal for sex discrimination - you would have a very good case.

Hope that makes some sense.

 

[Claire L]

Another thing to find out is have your employer changed their terms and conditions re Bank Holidays, this can happen in companies and any one joining after a certain date or changing their contract will be subject to the new terms and conditions. If they have not changed anything then seek further legal advice re the discrimination aspect.
Re Bank Holidays for part time workers my emplyees give BH pro rata so if you work 3 out of 5 days you get 3/5 of the Bank Holiday entitlement which would be 4.8 days BH leave per year. So normal leave, working 3 days a week, would be 12 days per year for pro rata of the 4 weeks leave of a full time person.

Claire

 

[T16GEM]

Well the plot thickens, and to be honest I don't think that they have a clue!

I used to get 25 days annual leave - we close at Christmas for 3 days so we have 22 days that we can choose from - then bank holidays on top of this allowance so if there are 8 then that's 30 days.

when I returned to work they said that I still had 25 days annual leave, minus the 3 for Christmas. They they said that I had to take my BH out of annual leave - having spoken to other collegues they haven't been told that they have to do this - so why have I? Other Part time people in our office don't have to either.

I have spoken to my boss and he doesn't know what they are talking about either so he has said just to carry on as we were and if they cause a problem then he will sort it out for me.

This is driving me round the twist!! Nothing is ever simpple is it?!?!?!?!?!?

 

[Laurafoster]

Nothing ever seems to be simple nowdays. In my company we have people who work part time and they basically have to work their set amount of hours per week, say 20. If there is a bank holiday they are entitled to this day off without using it as annual leave providing they make up the hours. One of the girls usually works Monday,Wednesday and friday. If there was a bank holiday monday, she works the tuesday instead.

Basically it all comes down to what your contract says, when i had a issue earlier in the year i made an appointment with my local CAB and went down with my contract so they could see it themselves. They were really helpful and helped me sort out the issue.

 

[disneyangel]

When I went back to work I did the same reduction of 5 days to 3 . Initially I was given 3/5 of the Pro Rata amount of free days(including those which are fixed) + (3/5 of the BH days - any fixed days that I actually normally worked on(ie Christmas / New Year)).

My company were bought over and I now get 3/5 of free days & 3/5 of BH. If the fixed days fall on a day I work I get them and if not I don't.

Your contract may have been changed due to your change in hours. As far as I am aware employers only have to give you same conditions if you return directly after ordinary leave and for the same number of days. By changing to 3 days from 5 and taking extended leave (which I presume you did giving Shelby's age) it may be they've now incorporated that change into your contract.