Annual leave/holidays and gardening leave have a number of different ways they can work: ...read more
I work 5 days a week, full time, but my 2 days off are Thursday and Sunday. Sunday is always closed. For 25, 26 December and 1,2 January they closed. 26 and 2 were Thursdays. After that they told us that those days will be paid and counted as holiday days, so they took 4 days out of my total holiday days. My question is: Is it legal to do that, as my day off is Thursday? Shouldn’t they have given me 2 more days off without pay??? How can my day off be holiday even if it was paid? They took them out of my holiday days, so I actually lost 2 normal days off.
In short – no, your employer cannot do this! You work full time at 5 days per week. If they make the Thursday a holiday, but you have worked 5 days that week, this makes it a 6-day working week so they need to pay you additionally for the extra day or give you a day off in lieu – taking it out of your holiday entitlement doesn’t count!
Often employers struggle with working out the practicalities of bank holiday entitlements so this may be human error/misunderstanding rather than malicious intent on your employer’s part, so I suggest you point out that this is erroneous & see if they rectify it first – but if they don’t, you can legitimately fight for your legal entitlement!