Being forced to work the 5th June Bank Holiday
Being forced to work the 5th June Bank Holiday
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Discussion

anonymous-user

Original Poster:

83 months

Thursday 16th February 2012
quotequote all
My company has said that we have to work the 5th June Bank Holiday for the Queen’s Diamond Jubilee and it will be treated as a normal working day.

Does anyone know the law on this?

Do we have any right?

Engineer1

10,486 posts

238 months

Thursday 16th February 2012
quotequote all
I'm not 100% that the 5th has been set as bank holiday yet.

edc

9,619 posts

280 months

Thursday 16th February 2012
quotequote all
What does your contract and handbook say about holiday entitlement and bank holidays? There is no 'right' to leave on bank holidays.

S1M VP

949 posts

263 months

Friday 17th February 2012
quotequote all
I think more to the point, why do you think you should be entitled to an extra days holiday ... Which I assume you want to be paid for?

I've said to my employees that with the normal notice of booking holidays my guys can either

- take the day off as either part of their annual holiday entitlement
- take the day off unpaid but as an authorised absence
- or they work

Whichever, noone gets a free paid days holiday.

From an employers perspective, I pay the by the hour and accrue holidays for them, but can only charge our customers for actual hours my guys work at the customer site.

It would cost a fortune off the bottom line by "giving" extra paid holidays to people.

Parsnip

3,258 posts

217 months

Friday 17th February 2012
quotequote all
S1M VP said:
I think more to the point, why do you think you should be entitled to an extra days holiday ... Which I assume you want to be paid for?
Well, because in my contract I am entitled to 1.9 holiday days a month + bank holidays. So if the 5th is marked as a bank holiday, I am entitled to it - easy.

edc

9,619 posts

280 months

Friday 17th February 2012
quotequote all
Loskey said:
That does sound fair.

We all assumed that we would be taking the day off as unpaid leave but can they force us to come to work and treating it as a normal day
If your T&C reads along the lines of x days holiday entitlement plus standard 8 bank holidays/statutory public holidays then the extra bank holiday is a normal working day for you. As usual the devil is in the detail and you will need to refer to your T&C.

vxr8mate

1,689 posts

218 months

Friday 17th February 2012
quotequote all
edc said:
Loskey said:
That does sound fair.

We all assumed that we would be taking the day off as unpaid leave but can they force us to come to work and treating it as a normal day
If your T&C reads along the lines of x days holiday entitlement plus standard 8 bank holidays/statutory public holidays then the extra bank holiday is a normal working day for you. As usual the devil is in the detail and you will need to refer to your T&C.
^^^^^^WHS. There are 8 bank / public holidays in the UK. This is an extra and while some contracts state 8 others don't.

As I understand; if the number of bank hols is mentioned then the extra day doesn't count; however, if it isn't then you may well be entitled to payment.

If your total holiday count is mentioned (i.e. 28 days) then you are entitled to the day off but without payment. You may be asked to take it in leu.

gsfrontera

516 posts

229 months

Friday 17th February 2012
quotequote all
Loskey said:
My company has said that we have to work the 5th June Bank Holiday for the Queen’s Diamond Jubilee and it will be treated as a normal working day.

Does anyone know the law on this?

Do we have any right?
Id give one of my bks for a job right now! Tell your boss i'll work the bank holiday if he gives me your job. You wanna be grateful that your in a job and in a position to support your family. Some of us at the minute dont have that luxury.

NoNeed

15,137 posts

229 months

Friday 17th February 2012
quotequote all
I was under the impression that Statuary days holidays were decided by the goverment and are a legal entitlement by the laws of statute.

Wether you agree with them or not, wether they are right or wrong, the OP is asking what the legal position is.


Every company I have worked for has always paid double time for bank holiday working and this year there are 9 instead of the usual 8

edc

9,619 posts

280 months

Friday 17th February 2012
quotequote all
NoNeed said:
I was under the impression that Statuary days holidays were decided by the goverment and are a legal entitlement by the laws of statute.

Wether you agree with them or not, wether they are right or wrong, the OP is asking what the legal position is.


Every company I have worked for has always paid double time for bank holiday working and this year there are 9 instead of the usual 8
As above there is no entitlement, unless your contract says so, to have any bank holiday off. The legal position is dictated by the contract or other T&C document.

NoNeed

15,137 posts

229 months

Friday 17th February 2012
quotequote all
edc said:
NoNeed said:
I was under the impression that Statuary days holidays were decided by the goverment and are a legal entitlement by the laws of statute.

Wether you agree with them or not, wether they are right or wrong, the OP is asking what the legal position is.


Every company I have worked for has always paid double time for bank holiday working and this year there are 9 instead of the usual 8
As above there is no entitlement, unless your contract says so, to have any bank holiday off. The legal position is dictated by the contract or other T&C document.
I wonder why it's called a statuary day then.

NoNeed

15,137 posts

229 months

Friday 17th February 2012
quotequote all
NoNeed said:
edc said:
NoNeed said:
I was under the impression that Statuary days holidays were decided by the goverment and are a legal entitlement by the laws of statute.

Wether you agree with them or not, wether they are right or wrong, the OP is asking what the legal position is.


Every company I have worked for has always paid double time for bank holiday working and this year there are 9 instead of the usual 8
As above there is no entitlement, unless your contract says so, to have any bank holiday off. The legal position is dictated by the contract or other T&C document.
I wonder why it's called a statuary day then


ETA you are correct sir. I just read this http://www.direct.gov.uk/en/Employment/Employees/T...

edc

9,619 posts

280 months

Friday 17th February 2012
quotequote all
Unfortunately I am paid to know these things wink

mph1977

12,467 posts

197 months

Friday 17th February 2012
quotequote all
edc said:
Loskey said:
That does sound fair.

We all assumed that we would be taking the day off as unpaid leave but can they force us to come to work and treating it as a normal day
If your T&C reads along the lines of x days holiday entitlement plus standard 8 bank holidays/statutory public holidays then the extra bank holiday is a normal working day for you. As usual the devil is in the detail and you will need to refer to your T&C.
exactly , this was got various of the uniscum whingers moaning at the bank holiday given for the wedding of the Duke and Duchess of Cambridge, despite the fact that for NHS staff at least it;s clearly stated you have 8 bank holidays / year

KingNothing

3,336 posts

182 months

Saturday 18th February 2012
quotequote all
said:
"You do not have a statutory right to paid leave on bank and public holidays. If your employer gives paid leave on a bank or public holiday, this can count towards your minimum holiday entitlement. There are eight permanent bank and public holidays in England and Wales (nine in Scotland and ten in Northern Ireland).

If you work on a bank or public holiday, there is no automatic right to an enhanced pay rate. What you get paid depends on your contract of employment.

If you are part time and your employer gives workers additional time off on bank holidays, this should be given pro rata to you as well, even if the bank holiday does not fall on your usual work day."
I get it off paid, and the only way I would work it would be for at least 1.5, or 2.0 rate of pay.

SimonD

486 posts

310 months

Monday 20th February 2012
quotequote all
S1M VP said:
I think more to the point, why do you think you should be entitled to an extra days holiday ... Which I assume you want to be paid for?

I've said to my employees that with the normal notice of booking holidays my guys can either

- take the day off as either part of their annual holiday entitlement
- take the day off unpaid but as an authorised absence
- or they work

Whichever, noone gets a free paid days holiday.

From an employers perspective, I pay the by the hour and accrue holidays for them, but can only charge our customers for actual hours my guys work at the customer site.

It would cost a fortune off the bottom line by "giving" extra paid holidays to people.
Just to counter that. Why should employers assume that the extra day we have this year (February 29th) should be a working day? When 3 out of every 4 years it doesn't exist?

Swings and roundabouts. Just sayin' wink

bobmcgod

405 posts

223 months

Monday 20th February 2012
quotequote all
You get 5.6 weeks holiday per year. It doesn't matter if it's a bank holiday or not. By law you are not entitled to time and a half or anything else. If you want a days holiday take it as one.

zaphod42

59,264 posts

184 months

Tuesday 21st February 2012
quotequote all
Engineer1 said:
I'm not 100% that the 5th has been set as bank holiday yet.
I can't find the statement on Hansard, but it is referenced many many times on Govt web sites as an official bank holiday.

Interestingly, Bank Holiday dates are a devolved power to Scotland.

S10 GTA

13,771 posts

196 months

Tuesday 21st February 2012
quotequote all
OP, do you work for a large supermarket with blue as their main colour?

over_the_hill

3,329 posts

275 months

Tuesday 21st February 2012
quotequote all
S10 GTA said:
OP, do you work for a large supermarket with blue as their main colour?
Who, Aldi ?