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Overtime Worked on Bank Holidays

Hi all,

I'm just looking for some advice, I've confused myself a little about bank holidays. Everyone in our business gets the usual 20 days + bank holidays holiday entitlement. Part of our business operates on bank holidays and staff that choose to work these shifts get paid double time. Should the day that the person works be added back to their overall entitlement, so in essence the person would get both the bank holiday to take at another time and also double pay? Or is the bank holiday still taken from their overall entitlement in exchange for double pay? We don't have anything relating to this in our employment contracts.

Thanks!

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  • Hi Samantha
    Entitlement to leave is entirely separate from any premium you may pay for working on a Bank Holiday. So all your staff are entitled to receive 28 days holiday per year - which means if they work on a Bank Holiday, they need to be given that day to take at another time. The fact that you choose to pay them a premium for working on a Bank Holiday does not mean that they lose the right to take the day at another time - you're not allowed to pay staff in lieu of holiday unless they are leaving the business (or are on long term sick leave).

    So the short answer is yes, you need to add the day back in to their entitlement. However you can't just automatically take away the premium payment in return - it may well be contractual either directly or by custom and practice.

    Kind regards

    Jackie
  • In reply to Jacqueline:

    Fantastic, thanks Jackie. That's what I thought, but had a moment of self-doubt.