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working Bank holiday for no extra pay

My Employer has for many years customarily paid an overtime rate whenever staff have worked through a bank holiday which falls on their shift. This year they have decided to just pay us normal rate.

Nothing in my contract states the Company will pay enhanced rates for working Bank holidays.

How tricky would it be for me and my colleagues to claim breach of contract? Could we claim that an enhanced rate of pay for a bank holiday is customary and therefore an implied part of said contract?

I should note, we have no Union in place.
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Comments

  • globalds
    globalds Posts: 9,431 Forumite
    Maybe it is time for you and your colleagues to think about the big picture ......

    The company made an effort in the good times ...Maybe if you make an effort, you can all get through the bad times.
  • normanjay wrote: »
    My Employer has for many years customarily paid an overtime rate whenever staff have worked through a bank holiday which falls on their shift. This year they have decided to just pay us normal rate.

    Nothing in my contract states the Company will pay enhanced rates for working Bank holidays.

    How tricky would it be for me and my colleagues to claim breach of contract? Could we claim that an enhanced rate of pay for a bank holiday is customary and therefore an implied part of said contract?

    I should note, we have no Union in place.


    I worked the bank holiday today for no pay, but don't grudge it. I doubt I was alone. (where is shruggy shoulders)
    Not just a sucker for sweeties..:o
  • Forgetful
    Forgetful Posts: 1,729 Forumite
    my employer even tells us good friday is not a bank holiday!!
  • I'm pretty sure that most (small certainly) employers give your annual holiday entitlement @ stat rate/5.6 weeks. and bank holidays are dying out as a guaranteed day off.


    Hands off Christmas though.:naughty:
    Not just a sucker for sweeties..:o
  • jamespir
    jamespir Posts: 21,456 Forumite
    Walk out STRIKE NOW STRIKE NOW
    Replies to posts are always welcome, If I have made a mistake in the post, I am human, tell me nicely and it will be corrected. If your reply cannot be nice, has an underlying issue, or you believe that you are God, please post in another forum. Thank you
  • Parva
    Parva Posts: 1,104 Forumite
    Employers don't actually have to honour bank holidays and you're expected to work your normal shift at your normal rate. I could be wrong on this, I'm going on research I did a few years ago. If this has changed then I would love to hear about it!
  • bigheadxx
    bigheadxx Posts: 3,047 Forumite
    edited 3 April 2010 at 8:15AM
    This is the first year that employees have had 5.6 weeks holiday which now includes BH as holidays. If you now have an increased holiday allowance this year then you are not any worse off than before.

    BH carry no legal significance in relation to pay and the increase in holiday allowance coupled with the recession will make it easier for a precedent to be set this year that BH will be treated as a normal working day and be paid at normal time as it already is in many industries.
  • craftingmad
    craftingmad Posts: 3,405 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    my oh is working all over the easter period without any extra pay - its a job and we think ourselves lucky that he still has a job in these hard times.
    Mortgage - £2338.07 paid off Feb 2023 BTL 1 £51,089.10 £35789.36 paid off July 2025 BTL 2 £81,504.52 BTL 3 £77,497.02
  • wit40iwtwan
    wit40iwtwan Posts: 403 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    I will be working over the holidays - I do not get paid any overtime or holiday pay but I do have a healthy working relationship and will avail of time owing in need. I think the first reply said it all - look at the big picture. I always work as if it is my own business even though I am but a small cog in a big machine.

    I know that to succeed there will be times when I have to work when others are out playing/relaxing. I love my job most of the times and I know I am appreciated for my work ethic.
    Well lets see - I dip in and out of MSE all the time but I still come back - have done since 2007!!!

    2025 Fashion on a ration - 9/66
  • bigheadxx
    bigheadxx Posts: 3,047 Forumite
    I will be working over the holidays - I do not get paid any overtime or holiday pay but I do have a healthy working relationship and will avail of time owing in need. I think the first reply said it all - look at the big picture. I always work as if it is my own business even though I am but a small cog in a big machine.

    I know that to succeed there will be times when I have to work when others are out playing/relaxing. I love my job most of the times and I know I am appreciated for my work ethic.

    I'll second that.
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