Bank Holiday pay and lieu days

[warwicks]

Hi All Help please.

 

Have a very small business with 1 part time employee

 

this employee had holidays earlier this year which included 2 bank holidays, which she was paid for

 

this employee now thinks that as well as being paid that now they are also entitled to extra lieu days.

 

IS THIS RIGHT ! ? Please help

 

thanks warwicks

[Sidewinder]

Hi Warwicks

 

A couple of things to consider.

 

What does the contract say about holidays?

 

What has been customary in the past?

 

An employee has the right to 5.6 weeks holiday per year, so 28 days for a full time employee, which can include Bank Holidays. There is no automatic right to any enhancement - either for an enhanced rate of pay if worked, or for a lieu day where it is not. Providing that you don't have a contract in place which specifies 28 days holiday PLUS Bank Holidays, or have provided extra lieu days in the past then you should be clear.

 

A Bank Holiday carries no special status whatsoever, apart from the fact that many businesses are closed, so can stipulate that employees are paid as normal for a BH even though they don#t work as it comes out of their paid entitlement of 28 days.

 

There are normally 8 Bank Holidays a year, so where the business does not trade, or an employee is not working, it is customary to allow 4 weeks paid holiday (20 days for a 5 day a week employee) plus the 8 days = 28 days holiday. Where this arrangement exists and an employee works a BH, then you should give a lieu day, but not otherwise.

[Sidewinder]

I have moved your thread to the Employment forum

[borisbeaver]

In my opinion, if the employee has been paid for a bank holiday then there is no lieu days due. If no payment is made, then a lieu day should be given.

 

An employer may pay for the bank holiday and grant a lieu day, but this is done in extenuating circumstances like emergency call out etc..

 

As sidewinder says, it must be written in the contract if bank holidays are in addition to their normal leave entitlement.