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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46783
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I just pay tip for you ben if you can answer my last question

Resolved Question:

I just pay tip for you ben if you can answer my last question if you remember i posted last time thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


Hi, the employer is not actually doing anything wrong here. As you have correctly identified you are entitled to 19.6 days’ holiday for the whole year. These days can include all bank holidays or a proportion of them, or none at all – there is no law that say you must be given bank holidays separately on top of your normal holiday allowance. For example, a worker like you could get 19.6 days holiday and have all 8 bank holidays in the year included in this entitlement, meaning they only get 11.6 days ‘normal’ days as holidays.


 


Also there is nothing that says you must be paid extra for working bank holidays – in law a bank holiday is just another day and it does not mean you need to be paid extra for working that day.


 


Finally, the employer can decide when you take your holidays. They could force you to take a holiday on a specific date and you will then have to take that day off and use your holiday allowance if the employer wants that. The law allows them to choose when you take your holidays.

Customer: I know all this, but employer can decide what they want to do with bank holiday and I dont care but as long he gave me 20 days I am ok by the law, but employer cant decide if I am on my day off and not on roster for work that day when falls on bank holiday to pay me that day and automaticly take one day off from my holiday allowance?So in theory and pratcice this means that because I am not working this year on 6 bank holidays he will take this from me by paying which I dont want and leave me with 16 days actually for whole year which I can take?But I am working more than any other person which is on moday to friday 9h per day,As I am on 235h per month average.And last question which you didnt answer on precious post - this mostly mean that I dont have any rights until I am two or more years in full time employment? Thanks Ben,I paid last nite additional 11£ and plus tip for you too,so I hope I can now get all claryfied.
Ben Jones :

they can do that because what they are doing is that they are forcing you to take one of your holidays on a specific day, which is the bank holiday when you are not working. So you could have a day off work and not be on the roster for a bank holiday, but the employer wants you to take that day as a holiday instead and take it from your holiday entitlement - they are legally allowed to do that because n employer can decide when you take your holidays and they can nominate a day when you will be off on holiday and use up your holiday allowance

Ben Jones :

You have basic rights at work until you ave 2 years service, for example you have the right to get the minimum wage, have holidays, sick pay, etc - but you just can't claim unfair dismissal until the 2 years with the employer, so you could be dismissed for more or less any reason , with some limited exceptions

Customer: Thanks very much Ben, I dint know all of this as all other companies operate totally different from current one,this is why was so confused.I will finish with this and rate u as brilliant just when you mention sick pay you remind me to ask you last question as this company is not paying when I am sick so what shell I do if I am sick for 2 or 4 days etc?Is this legal too?Thanks
Ben Jones :

when I mention sick pay I was referring to statutory sick pay, which is quite low (£87.55 per week). but it is only payable if you have been sick for 4 days or more. The law does not entitle you to be paid full sick pay equivalent to your normal pay, unless the employer has such a policy, so they can decide whether to just pay you the minimum statutory sick pay as above or something more than that

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Thanks this is all.Best regards
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46783
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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