Double Time Cancelled

[contract26]

Hey Guys wonder if you can help.

Around a month ago the office was told no more double time is to be paid for bank holidays (we had been getting this benefit for around 4 years. There was a memo out shortly after stating this fact. We had already worked a bank holiday and been paid double time but what everyone had noticed that one days holiday had been reduced from our 28 days we normally get.

Also the people who worked bank holiday Monday just gone was on the new normal time rate im hearing aS there wasn't enough notice given they have to pay this??

Am i right shall i speak to my employers??

Thank you

[labman]

Re: Double Time Cancelled

I can't answer your question I'm afraid, but there is a very good employment person here who I suspect will look in tomorrow.

[mariefab]

Re: Double Time Cancelled

Assuming that you work 5 days a week and that the '28 days you normally get' includes bank/public holidays...
If the reason that you've had a day deducted from your holiday entitlement is because you were paid double time for the bank holiday that you already worked, this would be unlawful.

But I suggest that you wait and see what Eloise says because there's sometimes a difference between what employers should do and what they can do.

[Eloise01]

Re: Double Time Cancelled

Hey Guys wonder if you can help.

Around a month ago the office was told no more double time is to be paid for bank holidays (we had been getting this benefit for around 4 years. There was a memo out shortly after stating this fact. We had already worked a bank holiday and been paid double time but what everyone had noticed that one days holiday had been reduced from our 28 days we normally get.

Also the people who worked bank holiday Monday just gone was on the new normal time rate im hearing aS there wasn't enough notice given they have to pay this??

Am i right shall i speak to my employers??

Thank you

Please clarify some points here:

What exactly do you mean when you say that one days holiday had been reduced from your 28 days holiday. You are entitled by law to at least 28 days holiday per leave year for all full time workers, and that cannot be reduced.

What do you mean that you were not given "enough notice" of the change from double time payments - what do you think was "enough" notice and why do you think that? because you were given a months notice, and there is no evidence that they must give you any notice to change a policy.

[contract26]

Re: Double Time Cancelled

I will reply tonight when I get in thanks for getting back

[contract26]

Re: Double Time Cancelled

Thanks for getting back.

Ok i work for a 24hr company 50/54hrs per week. For the last 3.5 years bank hols have been paid double time plus we would still get 28 days holiday. They have changed this to its 20 days holiday plus the 8 bank holidays. If we work a bank hol instead of getting double time they now say we get a day off in lieu.

April 1st i worked a bank holiday before it was announced that the double time was getting cancelled and who ever worked this day got paid at double time (weekly pay). This week i got my payslip and my holiday has been reduced from 28 days to 27 days (as they have paid me this day in the double time).

I dont think we were given enough notice that something which has been a benefit for over 4 years can just be cancelled like this.

Also the bank holiday just gone was paid at the normal rate i'm thinking as there wasn't enough time given this also should be paid as double

I really dont know what to do because everything we say to the HR department you are never right and they are never wrong. We sort of just have to accept it.

Hope this clears things up

[Eloise01]

Re: Double Time Cancelled

Thanks for getting back.

Ok i work for a 24hr company 50/54hrs per week. You have signed an opt out under the working time regulations?

For the last 3.5 years bank hols have been paid double time plus we would still get 28 days holiday. They have changed this to its 20 days holiday plus the 8 bank holidays. If we work a bank hol instead of getting double time they now say we get a day off in lieu. They can do this. But did you object?

April 1st i worked a bank holiday before it was announced that the double time was getting cancelled and who ever worked this day got paid at double time (weekly pay). This week i got my payslip and my holiday has been reduced from 28 days to 27 days (as they have paid me this day in the double time). They cannot do this - but they don't sound like the sort of company you can have a reasoned discussion with - so are you prepared, if necessary, to take them to a tribunal whilst still in employment? Because that is, in the end, what you would have to do.

I dont think we were given enough notice that something which has been a benefit for over 4 years can just be cancelled like this. This till isn't clear - what do you think is "enough notice" and why. Is the double time contractual, did you object to the change... If nobody objected or if it wasn't contractual, then notice doesn't need to apply.

Also the bank holiday just gone was paid at the normal rate i'm thinking as there wasn't enough time given this also should be paid as double Ditto.

I really dont know what to do because everything we say to the HR department you are never right and they are never wrong. We sort of just have to accept it. Of course the HR department say that.. Who pays their wages?

Hope this clears things up

You still have some points to clear up, but the most important one would be, who is taking them to a tribunal for a days holiday? Because you are at least partly correct - the rest is still unclear, although you may have a vaild argument over at least some of it - but stark realities come into play here. Rights must be enforced and someone has to do that. How far are you prepared to go? And is there a union - I guess not?

[contract26]

Re: Double Time Cancelled

Yes i've signed and opted out of the working time regs but only this week i've been doing 50+ hours a week for over a year.

We all objected to the change in the bank hols but they say its in the contract and they don't have to pay this.

I could have a reasonable discussion with the HR department but feel i would get nowhere and wouldn't be prepared to take them to a tribunal as if i lost my job over 1 days holiday i would be screwed.

The double time wasn't contractual so i suppose they can just change it when they want. I would like some sort of evidence to prove they cannot take away one day holiday is there anything in the employment laws??

Cheers

[Eloise01]

Re: Double Time Cancelled

Yes i've signed and opted out of the working time regs but only this week i've been doing 50+ hours a week for over a year.

We all objected to the change in the bank hols but they say its in the contract and they don't have to pay this. It is probably all moot now anyway, but if it is "in the contract" then that is correct and they don't.

I could have a reasonable discussion with the HR department but feel i would get nowhere and wouldn't be prepared to take them to a tribunal as if i lost my job over 1 days holiday i would be screwed. That's what I figured.

The double time wasn't contractual so i suppose they can just change it when they want. Pretty much, yes. Depending on details it may not be quite that sinple, but in the end yes, they can change it and it obviously isn't going to be fought for.

I would like some sort of evidence to prove they cannot take away one day holiday is there anything in the employment laws??

Cheers

There is not, per se, the evidence that you are asking for. The law sets down the minimum number of days paid annual leave which an employer must give, and that is 28 days for a full time worker. It's an absolute - that is was the law says you must have, so you must have it.

[CleverClogs]

Re: Double Time Cancelled

There is not, per se, the evidence that you are asking for. The law sets down the minimum number of days paid annual leave which an employer must give, and that is 28 days for a full time worker. It's an absolute - that is was the law says you must have, so you must have it.

Can an employer lawfully insist that one or more of his/her/their staff work on a bank holiday or public holiday?

[contract26]

Re: Double Time Cancelled

Its a 24 hour company so yeah its in our contracts that we have to work to business needs.

I think im going to have to swallow this one. Will still mention the fact that lawfully we should get 28 days. What normally happens is come feb next year ill have 10 or so days left and i will have to have them as paid as there no room to have time off.

Thanks everyone

[Eloise01]

Re: Double Time Cancelled

Can an employer lawfully insist that one or more of his/her/their staff work on a bank holiday or public holiday?

Yes. There is no such things as a bank holiday in terms of employment law. They are tradition, not "legal days off".

[Inca]

Re: Double Time Cancelled

Yes. There is no such things as a bank holiday in terms of employment law. They are tradition, not "legal days off".

Well,,you learn something new every day...I genuinely didn't know that !

[CleverClogs]

Re: Double Time Cancelled

Yes. There is no such things as a bank holiday in terms of employment law. They are tradition, not "legal days off".

Could Ebenezer Scrooge now lawfully insist that Bob Cratchit take the whole of Christmas Day as a holiday?

[Eloise01]

Re: Double Time Cancelled

Gosh, I'm amazed. I honestly thought everyone knew that bank holidays weren't work holidays! Just for the sake of clarity then, there are seven days in a week and 365 days in most years, except leap years when there are 366. They are ALL working days. what gives employees entitlement to days off, periods of rest and holidays is the law. Provided the employer complies with the law, that is all they must do.