Quick employment law question

[skeggysteve]

Can an employer insist that you work on bank holidays?

Does it make any difference if your on a temporary contract?

Just for clarity the bank holidays are Boxing & New Years Day - both mid week, this year, and the person in question usually works weekends.

Thanks in advance.

[mondeoman]

Depends what it says in the contract as that will lay down what is acceptabel and what is expected from both parties.

Show us that and we'll let you know.

Soz.

[skeggysteve]

Thanks Paul,

Will get a look at the contract and post back.

But can an employer get round the law by just writing it into the contract of employment?

[Olf]

skeggysteve said:

Thanks Paul,

Will get a look at the contract and post back.

But can an employer get round the law by just writing it into the contract of employment?

Yes - witness B&Q full of staff every bank holiday. Your contract should hopefully state say 20 day holiday a year + 9 bank holidays. If it's the odd one off it's not unreasonable if you get double pay (or more) or a day in lieu.

Edited by Olf on Wednesday 12th November 22:06

[edc]

skeggysteve said:

Thanks Paul,

Will get a look at the contract and post back.

But can an employer get round the law by just writing it into the contract of employment?

You can't overide employment law by writing something into a contract of employment.

There is no legal right to have bank holidays off. Most T&C will state something like you are entitled to x amount of holidays in addition to any public or bank holidays.

[JustinP1]

edc said:

skeggysteve said:

Thanks Paul,

Will get a look at the contract and post back.

But can an employer get round the law by just writing it into the contract of employment?

You can't overide employment law by writing something into a contract of employment.

There is no legal right to have bank holidays off. Most T&C will state something like you are entitled to x amount of holidays in addition to any public or bank holidays.

Thats right. It is also worth mentioning that where say 25 days of holiday are contractually agreed this can *include* bank holidays unless it states otherwise.

If the bank holiday is part of your standard rota that is for example if you work Monday to Friday - then that is what you are obliged to work unless you can agree otherwise.

[M400 NBL]

What line of work are you in? If you are dealing with the public, in a shop for example, you (or others) will most likely be expected to work on BH's.

Have you asked your colleagues? I know some may lie if it means that you work and they don't, but some people actually like earning upto 3x their rate.


DO you know how many times your basic rate, that they pay for working BH's?

I would hope, that if by working a BH's that you earn days in lieu, it's at least 2 x each BH worked.

[skeggysteve]

edc said:

There is no legal right to have bank holidays off.

Thanks, that was what I wanted to know

justinP1 said:

If the bank holiday is part of your standard rota that is for example if you work Monday to Friday - then that is what you are obliged to work unless you can agree otherwise.

Interesting point Justin, thanks.

The person in question is my wife, who at the moment works weekends for one of B&Q's opposition (begins with an F ) and has been told that she must work either Boxing Day or New Years Day.

So edc has said there is 'no legal right to Bank Holidays off' and justin has said 'If the bank holiday is part of your standard rota .....you are obliged to work unless you can agree otherwise.'.

Well both days this year (and next I suppose -New Years Day! ) fall on week days and they are not days she works.

[2 sMoKiN bArReLs]

Olf said:

say 20 day holiday a year + 9 bank holidays.

9 y'say?

[Olf]

2 sMoKiN bArReLs said:

Olf said:

say 20 day holiday a year + 9 bank holidays.

9 y'say?

Bored are you?

[JustinP1]

skeggysteve said:

edc said:

There is no legal right to have bank holidays off.

Thanks, that was what I wanted to know

justinP1 said:

If the bank holiday is part of your standard rota that is for example if you work Monday to Friday - then that is what you are obliged to work unless you can agree otherwise.

Interesting point Justin, thanks.

The person in question is my wife, who at the moment works weekends for one of B&Q's opposition (begins with an F ) and has been told that she must work either Boxing Day or New Years Day.

So edc has said there is 'no legal right to Bank Holidays off' and justin has said 'If the bank holiday is part of your standard rota .....you are obliged to work unless you can agree otherwise.'.

Well both days this year (and next I suppose -New Years Day! ) fall on week days and they are not days she works.

Then I suggest that your wife politely declines their offer of working the extra dates if that is what she wants to do. Whilst that kind of rule is sometimes passed down to full time employees who are on a 'retail' rota, their contract is a seven day a week one.

If your wife approaches whoever does the rota to explain her contract is weekends and she is not interested in extra work they should understand that.

[skeggysteve]

JustinP1 said:

skeggysteve said:

Stuff

Then I suggest that your wife politely declines their offer of working the extra dates if that is what she wants to do. Whilst that kind of rule is sometimes passed down to full time employees who are on a 'retail' rota, their contract is a seven day a week one.

If your wife approaches whoever does the rota to explain her contract is weekends and she is not interested in extra work they should understand that.

Many thanks for the advise Justin. It's now down to how much she wants to 'upset' them - she's really only doing the job for a reference rather than being out of work.

Earlier someone asked about a contract - well she gave it back to them because they had lost their copy

Big thanks to all that have replied

[2 sMoKiN bArReLs]

Olf said:

2 sMoKiN bArReLs said:

Olf said:

say 20 day holiday a year + 9 bank holidays.

9 y'say?

Bored are you?

Nope....just planning what to do on my extra day's holiday

[condor]

I manage an off-licence and will be working Boxing Day and New Years Day. My staff will have those days off. In the past my staff wanted to work Bank Holidays as they got paid double time - since October's new holiday law ( minimum 4.8 weeks a year)the company have said that the extra 0.8 week will include Bank Holidays i.e the 8 BH days are now part of the staff's holiday period. If a staff member wants to work a BH then they will receive single time payment and a day off in lieu.
I previously didn't work Bank Holidays and got 5 weeks holiday a year before the new holiday law came in. Since there is no financial benefit for the staff to work BHs then I don't consider it fair to ask them to work them.

[skeggysteve]

condor said:

... staff wanted to work Bank Holidays as they got paid double time ....

staff member wants to work a BH then they will receive single time payment and a day off in lieu.
...

Does that not amount to the same - ie. paid double for working or paid single + a days holiday pay???

Or did you mean they got paid double time + a day off?

[condor]

It does amount to the same thing....except people would prefer to have a Bank Holiday off rather than be paid single time for it and get a day off in lieu.
Retail staff get the minimum wage so £5.72 ish per hour( off the top of my head I've forgotten the current rate) doesn't sound as good as £11.50ish per hour to work a Bank Holiday. Who would want to work Boxing Day and New Years day when it could just be a weekend off later in the year?
My staff are part time so are only contracted to work a set number of hours each week....they work extra hours as overtime when needed and appear to be more interested in earning money as opposed to having time off.