Bank Holidays

[Real Job]

"All positions include paid leave (20 days a year pro rata , including Bank Holidays)"

From an advert on BAJR from Network.

What exactly is the status of including bank holidays within the statutory minimum of holidays, both as regards the law and IFA guidelines. I know that it used to be fine on both counts (but considered to be bad employment practise) - has the situation changed, or is this bargain basement employment condition still ok?

Not much evidence of shortage of skilled workers forcing up conditions here!

[Galarch]

I have looked into this and the following is a brief extract from an FSB advisory note (Federation Small Businesses - I would recommend membership to anyone trying to start their own business).

'Employees should be aware that, contrary to popular belief, there is no statutory right to take public or bank holidays, let alone to be paid for them. There is, however, a statutory right to a minimum of four weeks' paid leave per year for all employees. This leave may include the bank or public holidays.'

I doubt there is a recommendation from the IFA on this but I'd be pleased to be proved wrong.

[Tile man]

The new requirments for IFA RAOs was discussed here (amongst others)
http://www.bajr.org/bajrforum/topic.asp?TOPIC_ID=430
This would of course not apply to network
http://www.archaeologists.net/modules/ne...storyid=77

[Galarch]

Pleased to be proved wrong!

[BAJR Host]

however... the IFA and BAJR are working to have 20 days not as a minimum, but 20 days AND bank holidays, Xmas etc as a minimum, all part of the reason that I joined... because the IFA and BAJR are working. But need support

Another day another WSI?

[kevin wooldridge]

It might be useful if BAJR/IFA could agree a formula for pro rata holiday entitlement.

I note that the PCA (Lincoln) job advert today is offering 1 day holiday for every complete month worked equalling 12 days holiday a year by my reckoning. No doubt PCA (Lincoln) might argue that with Bank Holidays the [u]annual</u> leave entitlement would make 20 days but by my reckoning there ain't a great deal of Bank Holidays in the period that the contract seems to cover.

This is a shame cos being stingy with leave entitlement spoils, what otherwise sounds like one of the better wage and allowance deals currently on offer

[drpeterwardle]

I think we need some clarity here. My understanding is that the IFA and thus BAJR rates are with no holiday pay. One person quotes a respectable source saying that holiday pay is complusory.

David says IFA and BAJR are working...

My Scaum manual says holiday rate should includes bank holidays.

What perhaps is needed at this point is industry standard overtime rates. Time and a quarter saturday morning. Time and a third saturday afternoon, time and a half otherwise including Sundays - somethimes double time. Double time on banks. Triple time on Christmas day. These were the standards on the building sites I worked on.

Peter Wardle

[Galarch]

Here is some additional info, again from the FSB:

'A week's leave should allow employees to be away from work for a week. It should be the same amount as the working week. For example, if an employee works a 5 day week, the minimum entitlement is 20 days; if he does a 3 day week, the minimum entitlement is 12 days' leave. Where an employee works variable hours, an average is taken over the previous 12 weeks worked.'

My mathematical abilities are somewhat limited but I interpret this as saying there is a statutory entitlement which can be calculated on a pro-rata basis. Presumably companies can effectiviely cap the amount of leave they give by discriminating between core hours and overtime. Or maybe a day counts as a day regardless of how many hours you work? Either way an employee starts to acrue leave entitlement from the day they start and:

'If an employee's employment ends, he has the right to be paid for the annual leave due but not taken.'

It may be that there are variations in the requirements when dealing with very short contracts, I just don't know. However:

'the requirement to be issued with a written statement of terms and conditions of employment applies equally to temporary and fixed-term contract employees as it does to permanent, provided always that the temporary or fixed-term contract of employment is to last more than one month.'

The latter should at least ensure that most people know what they are signing up to.

[Real Job]

Thanks for the replies - I have done a little digging on this one, and found this on the DTI website:

"Does the Government have any plans to ensure that employers do not include bank holidays as part of the 20 days statutory annual leave entitlement?


The Government proposed in its 2005 election manifesto that during its third term in office it would extend the entitlement to 4 weeks annual leave making it additional to time equivalent to bank holidays. As with the existing entitlement this would be on a pro-rata basis for those working part time. As a first step, the Government has taken an enabling power in the Work and Families Bill 2005. A full and extensive consultation with stakeholders, in line with better regulation principles, will be undertaken before any detailed changes are proposed in order to ensure proposals take full account of all the issues involved including the wide variety of flexible and non-standard working patterns that exist."

So the right to BHs in addition to the statutory 20 day holiday entitlement is a 2005 manifesto commitment and is an imminent change in the law.

With any luck, the IFA will have introduced it as a regulation at about the same time as it becomes the law anyway... does this seem a cynical move on the IFA's part to make it look as though they are improving our conditions of work[?] Or perhaps it is just co-incidence...

[BAJR Host]

please see both the thread about the New Jobs Format and also the FAQ section about Employment and Adverts (click the FAQ tab on the top)

Another day another WSI?