Last day today

jim-mcdee

Last day today with my employer. Should I be paid for the upcoming bank holiday? Legal question. Thanks.

sooty1

I wouldn't imagine so - you would only get paid for the BH if it was in the week you worked

gwalk

I changed jobs last year

Hopefully the old employer will pay me for all the bank holidays I havent been employed by them for during this time

Kewreeuss

No, if you leave this week you are entitled to the bank holiday payment if you were full-time, or if you were part-time and have 40 hours worked in th e five weeks before the BH

secman

If your employment finishes during the week ending on the day before a public holiday and you have worked for your employer for the previous 4 weeks, you should receive an additional day's pay for the public holiday. This also applies to part-time employees who have established a right to the public holiday by working at least 40 hours in the previous 5 weeks.
Check Citizens Advice

Collie D

Organisation of Working Time Act 1997 Section 23 Paragraph 2 states you are entitled to be paid for the upcoming BH if you finish employment this week and were at work in the previous four weeks.

antix80

Chances are you'll get a final payslip with a slightly different amount than usual and you'll have no idea what they paid you for and what they didn't.

OMM 0000

Collie D wrote: »

Organisation of Working Time Act 1997 Section 23 Paragraph 2 states you are entitled to be paid for the upcoming BH if you finish employment this week and were at work in the previous four weeks.

That's incredibly weird.

(2) Where—

(a) an employee ceases to be employed during the week ending on the day before a public holiday, and

(b) the employee has worked for his or her employer during the 4 weeks preceding that week,

the employee shall, as compensation for the loss of his or her entitlements under section 21 in respect of the said public holiday, be paid by his or her employer an amount equal to an additional day's pay calculated at the appropriate daily rate.

Why would this exist?

Peregrinus

OMM 0000 wrote: »

Why would this exist?

Because the theory with holiday pay is that it's part of your remuneration, earned by the work you have done. So if you have worked over the period leading up to a public holiday, you have earned the holiday pay and should receive it. It's really not that different from an entitlement\d to be paid out for annual leave accrued but not taken.

Having just a four-week earn-in period is slightly generous. There are nine statutory public holidays a year, so you could argue that the earn-time per public holiday is between 5 and 6 weeks.

OMM 0000

Interesting. I had never heard of that before.

you have earned the [public] holiday pay and should receive it

Peregrinus

It's fairly rough-and-ready. As noted, there's (in effect) an arbitrary four-week accrual period, which is on the generous side. On the other hand, there's no part-accrual; if you work only for three of the weeks, you don't get 75% of the pay.

But the basic thinking is that getting public holidays is part of the whole employment deal. Workers should get the benefit of the public holidays, and as a matter of public policy they shouldn't be penalised for changing jobs if the change happens to fall on a bank holiday weekend.