Bank Holidays - Pay / TOIL

[Simon.]

Not for me but for my step father.

Father is a driver for a UK based company, they don't offer / recognise bank holidays and have told staff that the up coming Easter holidays (Friday and Monday obviously) are to be treated as normal working days and if they want them off they are to book them off as normal holiday.

They are expected to work those days with no offer of Time Off in Lieu and are expected to just accept it.

Now here comes the tricky part:

My father moved between depots last year, he has worked for the company for around 18 years, moved to the countryside where he lost pay and is now doing more hours. He's expected every so often to also work Saturdays (every couple of months) because his contract states that he has to work a 96 hour two week cycle.

He has no signed contract from moving between depot's but has received a drop in salary (moved from London where he was a supervisor to the country where he is just another driver) and probably does a good 10+ hour day (working day for him starts at 5am, finishes anywhere from 3 - 6pm.

I know it's difficult without seeing his contract / company hand book to understand the holiday entitlement but are they cutting it close with them expecting them to work all bank holidays with no TOIL or overtime, the Saturday work is also expected to just be done, no extra TOIL or overtime payments there either.

I know from previous contracting work that I wouldn't have started without a clear idea of the contract because if you do go to work you're essentially accepting the working terms and conditions but has he by not demanding to see the contract basically done himself over by just accepting this?

[edc]

Look on .gov.uk website. It saves a lot of retyping. There is no statutory right to bank holidays off.

[Sir Bagalot]

Statutory min holidays is 28 days pa.

This may increase due to his holidays.

The BH's are included in that 28

[edc]

Sir Bagalot said:

Statutory min holidays is 28 days pa.

This may increase due to his holidays.

The BH's are included in that 28

Technically this is incorrect. Statutory leave entitlement isn't calculated in days. It just so happens that many people work a 5 day week which works out to be 28 days Inc bank hols. In most cases leave entitlement is 5.6 weeks.

[Muzzer79]

Unless his contract says otherwise, he can be made to work bank holidays, providing those days are given back to him

For example, if he was on 21 days holiday with bank holidays before, he can be put onto 28 days with bank holidays as normal working days.

This would be a contractual change though, which he’d have needed to agree to.

You need to see his contract

[edc]

Muzzer79 said:

Unless his contract says otherwise, he can be made to work bank holidays, providing those days are given back to him

For example, if he was on 21 days holiday with bank holidays before, he can be put onto 28 days with bank holidays as normal working days.

This would be a contractual change though, which he’d have needed to agree to.

You need to see his contract

As there is no statutory entitlement to bank holidays off, unless the contract specified bank hols off then the position is bank hols are normal working days.