working a bank holiday

A question about : working a bank holiday

can someone please help me as I have confused myself and all my family trying to solve an argument.

Employer asks employee to work overtime, agrees any overtime worked is TOIL at 1.5 times or paid single time

Employee agrees at TOIL

An employee is entitled to all bank holidays off as per contract. These are part of the employees contracted holiday entitlement.

employee was asked to work bank holiday, full 7 hour shift

is the employee entitled to

A/ TOIL as agreed at 1.5 per hour worked and the bank holiday in lieu 7 hours 17.5 total
or
B? TOIL only at 10.5 hours for the 7 hours worked

I think its A for these reasons

entitled to all bank holidays off as per contract.

entitled to TOIL for any overtime worked at a rate of 1.5 hours per hours overtime worked as agreed

By working a bank holiday have lessened contracted holiday entitlement so surely therefore entitled to that day in lieu, also as agreed entitled to overtime at a rate of 1.5 hours per hour worked.
Bank holiday Friday worked 7 hours at 1.5 x = 10.5 hours BUT also bank holiday back in lieu

Best answers:

• It's down to what the contract says. Does it say anything about payment or TOIL for working bank holidays? What is usual custom? Ask the union?
  You're not losing any time off as you're getting TOIL of more than you worked so you won't be losing any leave and so going below the legal min.
• There's no fixed rule and it depends where you work. For myself it's mystery option C
  C) Normal pay (no overtime), day in lieu
  If you are referring to a specific job then ask the boss or look in the contract.
• as the employee is requesting this I wouldn't take the p1ss, ask the employer first before doing it and arguing the toss afterwards.
• As long as the employee gets the minimum entitlement of 5.6 weeks paid holiday per year anything else is up for negotiation unless stipulated in the contract.
• Working a bank holiday is not overtime.
• ok I will try and reword this as its causing confusion.
  In march this year an employer asked an employee to work overtime as and when required and they gave the option of single time pay or time and half in lieu per hour worked. Employee agreed to time and a half. This was a verbal agreement.
  The employees contract makes no mention of overtime. The contract states the employee is entitled to all bank holidays as well as normal holidays.
  In late march employee was asked to work a bank holiday or the company would be in danger of not meeting contract deadlines. The employee had to rearrange an already agreed holiday to visit with family over the easter period to help meet the deadlines and worked overtime including the bank holiday.
  Now towards end of year the employer is arguing the TOIL claimed.
• I do apologise for my typing error in OP, it should have read the employee WAS asked to work a bank holiday, have no edited to read correctly.
• On a general point for verbal TOIL arrangements.
  It really is a good idea to take TOIL for any overtime ASAP and before the normal holiday entitlements are used since these are usually written contractual and cannot be argued away.
  Also BH are just pre allocated holidays from the holiday allowance an employer can swap those for other days either specific or floating with the relevant notice or with employee agreement.