Can my boss do this?

silverangel35

Good morning

A question that somebody will hopefully be able to answer.

I am contracted (as per my contract) to work 39 hours per week Monday - Friday.(Currently reduced to 34 due to lack of work)

2 weeks before Christmas our line manager gave us a letter stating hours will be changing over Christmas and we are 'expected' to work Saturday 20th,27th & 3rd January.

I took 4 days holiday on 15th December and upon my return on Friday 19th was informed that they had decided there was to be no work Saturday 20th, but everybody was expected in 27th.
When I started work I advised them I cannot work Saturdays due to other commitments and this was ok with them. So we break up Christmas Eve, I get very bad cold Christmas afternoon, spend the whole time in bed with Lemsips and drag myself out of bed this morning for work, still feeling extremely ill(should have gone to doctors instead). I get to work and myself and 4 other collegues are summoned to the canteen by line manager to be asked why we didnt go in Saturday then he said you will not be paid for xmas day or boxing day as a result of not going in...

Can he do this? my contract mentions nothing about days changing just hours. Is it not law that bank holidays are paid regardless?

Looking for some advice here as I along with the other people have walked out this morning due to this and I for one am wondering if he can by law do this?

AlexS82

If you've walked out then you've broken your contract too, maybe worth looking into that as well, but contracts can often have small print that state if you are asked to work certain hours then you must do so.

cazziebo

Did you call in sick on the Saturday? Did you speak to anyone in authority? How long have you worked there?

If I was your manager (particularly as your company seems to be suffering a tough time) and you complained about working a set day, and then didn't show up, I'd be a bit sceptical too. However, the company must honour contractual annual leave entitlement so if these days are paid holiday then they should be paid. (When I worked in retail, if someone had a day absent at either end of a premium rate pay period eg Boxing day, then they didn't get the premium rate. I'm assuming this is just a day's pay?)

As Alex says, walking out was NOT a good move and puts you in a very weak position when it comes to any grievance/disciplinary/tribunal.

What confuzzles me more is why would you go to the doctor's with a cold?

flea72

if you were ill christmas day and boxing, day and you told your boss this, then yes, you can be classed as being sick from work on those days, and not entitled to any pay, but tbh hes being very petty if thats the route hes taken

If you have told them you cant work saturdays when you started the job, and you reconfirmed this at the time of them changing the working hours, then i dont see how you can held accountable for not turning up. they know you dont work saturdays,

What reasons have the other staff given for not coming in on a saturday. sometimes its easy to get caught up in the group mentality, but if your case isnt the same as theirs, then they may bring your position down with them. You have their agreement that you dont work saturdays, so this would give you some leverage, if things went to tribunal, but personally, i would get back into work asap, and get things sorted. by walking you have made their position a lot simplier, they need to make cutbacks/adjustments, and now they know where to make them

Flea

Jules

silverangel35 wrote: »

Good morning

Is it not law that bank holidays are paid regardless?

Unfortunately not but will depend on your contract.

Taken from here http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029788

Public and bank holidays

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.

You don't have a statutory right to paid leave on bank and public holidays, though many people receive the day off work. Any right to time off or extra pay for working on a bank holiday depends on the terms of your contract of employment.

With regard to changing your terms and conditions he can't do that without your agreement see this link
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116

I would advise you and your collegues to contact CAB as soon as possible for more expert help.
Good Luck

Jules

silverangel35

Thanks guys...I called my boss Saturday to let him know I wasnt well enough...but after having spoken to him on the phone this morning I can see his point of view and he can see mine.

Turns out 7 people didnt come in, of those 7 only me & another woman phoned in sick but to set a presendence so it doesnt happen again he is deciding to not pay any of us for those 2 days.He did say he knows it is not the right thing to do though and will allow us to do overtime to make up the lost wages.
He has told me to go back to bed, take today & tomorrow off and go back wednesday when i am feeling better (paid)

@Flea that is exactly how it is..however I dont work for a typical company, its majority Polish, minority English and yes the other workers said they couldnt be bothered etc to turn up, he knew when i called him i was ill, couldnt stop sneezing at one point and the job I do is a job where hygiene is important as we deal with silver service/table linen & airlines so he understood at the time that It was best I try to get better for today. Just annoyed me how nothing was said at the time just waited til today to tell us

Oh well, on his advice im back of to bed to try to get some sleep and shake this off...I will be in work tomorrow tho

Thanks again guys

Auzelia

in one of my jobs, if you where off before or after a bank holiday then the bank holiday would not be paid.
This excluded being off on holiday.
So I guess he can do it.