due to the changes in holiday leave provisions under the working time directive[1998] [amended] legislation,which increases the statutory min holiday leave per year to 28 days, inclusive of bank holidays,we have had to to review the way in which holiday leave is managed.
the legislation prevents payments being made in lieu of holidays taken.currently an employee working a bank holiday has the option to be either paid the bank holiday payment in addition to payment for hours worked, or may elect to take a lieu day.i.eto have one days leave added to there holiday entitlement.
UNDER THE NEW LEGISLATION, THIS WILL NOT BE PERMITTED,IF AN EMPLOYEE WORKS A BANK HOLIDAY, A DAYS LEAVE MUST BE TAKEN IN LIEU.
in order to manage leave that is reasonable to both employee and employer we are proposing that holiday leave will be 26 days plus 2 fixed bank holidays per year[ xmas and new years day]a total of 28 days leave.
what this means is that an employee wishing to take any of the other bank holidays off as leave, will book the time off, in the same way its currently booked.
an employee who elects to work a bank holiday will still be paid the current premium hourly rate.
under current legislation, employers may choose to.
.shut down for certain periods during which all or some groups of workers have to use there annual holiday entitlement.
nominate paticular dates as days of closure, when workers are expected to take annual leave[for example over xmas and new year period]
determine the maximum amounts of leave that can be taken on any one occasion and also the periods which leave may be taken
an employer can require a worker to take all or any of the leave to which a worker is entitled at specific times, provided that the worker is given prior notice.
the company priority is to ensure holiday leave is managed in a fair manner, so all employees recieve there full holiday entitlement and the company meets its statury obligations and continues to operate effectively throughout the year
in order to facilitate this change it is proposedthat the need to book bank holidays off[with the exception of xmas and new years day]will be come effective 4th may 2009
however all bank holiday worked commencing april 2009 will be paid at premium rate and a day off in lieu will be given to ensure the holiday leave provisions are applied correctly
at the moment i get 78 pounds plus 11 pound for each hour worked on a bank holiday [ havent worked one yet just going by contract, or the way i interpet it ,
but reading this im thinking ill now get 78 ponds plus 11 per hours worked plus a day off in lieu , am i right
however all bank holiday worked commencing april 2009 will be paid at premium rate and a day off in lieu will be given to ensure the holiday leave provisions are applied correctly
Leave out all the padding, thats the bit that counts!!
however all bank holiday worked commencing april 2009 will be paid at premium rate and a day off in lieu will be given to ensure the holiday leave provisions are applied correctly
Leave out all the padding, thats the bit that counts!!
Thats how i interpreted it too. However Ady says…i get £78 plus £11 pounds per hour…
I’d of thought that £11 PH was the premium rate? Whats the £78 for?
Actually i think you will find that the £78 is your 'normal ’ days pay, so you will be losing this and getting a day in leiu instead?
Mike-C:
Thats how i interpreted it too. However Ady says…i get £78 plus £11 pounds per hour…
I’d of thought that £11 PH was the premium rate? Whats the £78 for?
Actually i think you will find that the £78 is your 'normal ’ days pay, so you will be losing this and getting a day in leiu instead?
After reading through it again I think you’re right Mike,“the legislation prevents payments being made in lieu of holidays taken.currently an employee working a bank holiday has the option to be either paid the bank holiday payment in addition to payment for hours worked, or may elect to take a lieu day.” So I would take that to mean you work & either have a day in lieu or work & have the holiday paid = £78
Under the new rules you can’t take the £78, you must have a day off in lieu but will still be paid the premium rate of £11 ph
The way I read it they are making a right pigs ear out of the legislation, as well as inventing stuff which isn’t in the legislation. The new holiday entitlement, from last Wednesday is 5.6 weeks per year, which for a regular 5 day week is 28 days and can include the 6 Bank and 2 Public Holidays.
Your lot seem to have decided to give you 26 days plus 1 Bank and 1 Public Holiday and if you want any of the other Bank or Public Holidays off you will have to book them as leave, and it will come out of your 26 day allowance, which you are free to take whenever you choose. If you work one of the holidays you will still have a days leave available to you as one of your 26 days. Where they say ‘IF AN EMPLOYEE WORKS A BANK HOLIDAY, A DAYS LEAVE MUST BE TAKEN IN LIEU’ they are simply stating the obvious, if you haven’t used one of the days you are entitled to by law for the Bank/Public holiday then you obviously still have that day available to you.
It seems in the past if you worked a bank holiday you had two choices. Either be paid an enhanced rate for each hour worked + 1 days pay as you were missing out on a holiday day, this seems to be £11 per hour + £78 according to you. Alternatively, be paid an enhanced rate for each hour worked and take a days holiday later. Now it seem the only option available to you is the second option, I don’t read it that you will get the enhanced rate + the days pay + the day off.
At least they are still paying an enhanced hourly rate for those days, there is no legal obligation to do so.
REF-Holiday Entitlement - Drivers April 2009 Dear Employee Following the April 1st 2009 change to the legislation governing holiday entitlement we will now only include 2 of the Public Holidays in your 28 day annual holiday entitlement and it’s up to you if you use one of the remaining 26 days for a Public Holiday or take it at some other point in the year. We will still pay an enhanced rate for working Public Holidays but we can no longer offer the option of a days pay in lieu of the holiday as this would result in you having less than the 28 days you are legally entitled to. Yours sincerely The Company ■■
Driveroneuk:
Why on earth can’t the company just word it like that to start with? A hoped for case of bovine excrement baffling brains maybe?
Because as often as not they don’t really understand the legislation, so they try and make it sound complex in an atempted to appear more knowledgable than us.
Just a thought… last year I ended up with 2 days holiday untaken at the end of the year & I was paid for them. Under this new legislation it looks like that wouldn’t be possible & that I would be forced to take them even if I didn’t want to??
Not that I’m in the habit of not using my holidays, I hadn’t been there long & there was a ■■■■ up in my entitlement… ended up with 2 days more than I thought but no time to get them in.
I do know of a couple of drivers on there who live on their own & never use their full holidays & take the money instead, not any more it seems.
however all bank holiday worked commencing april 2009 will be paid at premium rate and a day off in lieu will be given to ensure the holiday leave provisions are applied correctly
Leave out all the padding, thats the bit that counts!!
Thats how i interpreted it too. However Ady says…i get £78 plus £11 pounds per hour…
I’d of thought that £11 PH was the premium rate? Whats the £78 for?
Actually i think you will find that the £78 is your 'normal ’ days pay, so you will be losing this and getting a day in leiu instead?
never figured out where the 78 pounds commes from[ but says it in contractt] . daily pay is 72.00 [ 7.20 times 10 hrs] +5 ops bonus+12.15 meal allowance, so how they get 78 pounds i dont know
Melchett:
Just a thought… last year I ended up with 2 days holiday untaken at the end of the year & I was paid for them. Under this new legislation it looks like that wouldn’t be possible & that I would be forced to take them even if I didn’t want to??
Not that I’m in the habit of not using my holidays, I hadn’t been there long & there was a ■■■■ up in my entitlement… ended up with 2 days more than I thought but no time to get them in.
I do know of a couple of drivers on there who live on their own & never use their full holidays & take the money instead, not any more it seems.
You’re absolutely spot on. I can see some agencies being busy at the end of a companies holiday entitlement year.
