working Bank holiday for no extra pay

icar36

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.

How many years?

That could amount to Custom and Practice...

DCFC79

The firm can do what they want though, be thankful you have a paying job and not on the dole queue like others in the country. Its soem hard times for firms and they are making cutbacks and maybe overtime is one of them

liney

I think that you need to look at the other years as a bonus, as they went over and above what they had to pay: your boss sounds just awful

This year they evidently can't afford it. of course you can whinge and say "I'm entitled" and watch them cut something else much more important in a couple of weeks time instead. Short time, overtime ban, removal of benefits/perks and redundancies are all good cost cutters.

normanjay

Hmm..

Not the kinda responses I was expecting but thanks for the advice anyway. I think I/we will take no action this time, my worry is that this will set a precedence and will be just one of many cost-cutting exercises to come.

I don't believe my company is particularly suffering due to the recession, the order book is as full as ever which is why a proposed shutdown over the Easter was cancelled and we were forced to work it.

Is there a way to find out what a limited companies profits are, without asking them directly? I know they have to disclose some financial information to unions but as previously mentioned we have no union affiliations.

Thanks again for the opinions expressed

mountainofdebt

Could get a copy of the accounts submitted to Companies House.

Surely this sort of issue would form part of pay negotiations?

angel.cake_2

icar36 wrote: »

How many years?

That could amount to Custom and Practice...

This is about the only response on here that actually answers your question! I don't understand why the majority of people on this forum decide to thrust their opinions at the OPs rather than offering a useful response.

Obviously lots of these replies feel you should be eternally grateful for even having a job. However, the fact is that your employer has changed your 'implied' T&Cs without your (or your colleagues) agreement. Regardless of whether it is in your original contract, the extra pay on BHs has become your contract by means of practice. This is quite a significant breach as they are actually removing a benefit and if I was in your position, I would not be happy working BHs at all. Im sure if all the repliers on here suddenly lost 8 days holiday a year, they would not be saying "oh well, !!!!!! happens, I'll get on with it".

I think you should ask your employer why this has now changed. Obviously you want to keep things amicable but it really depends how far you want to take it. You do have a case for breach of contract though.

scooby088

Just personal opinion here my ex employer always offered us a day off in lieu when asked to work a bank holiday and still does i assume. And if we did work was paid time and a third for doing so, but guess i was a lucky bunny.

I would also say you have a very strong case if you decide to do anything about it.

bigheadxx

angel.cake wrote: »

This is about the only response on here that actually answers your question! I don't understand why the majority of people on this forum decide to thrust their opinions at the OPs rather than offering a useful response.

Obviously lots of these replies feel you should be eternally grateful for even having a job. However, the fact is that your employer has changed your 'implied' T&Cs without your (or your colleagues) agreement. Regardless of whether it is in your original contract, the extra pay on BHs has become your contract by means of practice. This is quite a significant breach as they are actually removing a benefit and if I was in your position, I would not be happy working BHs at all. Im sure if all the repliers on here suddenly lost 8 days holiday a year, they would not be saying "oh well, !!!!!! happens, I'll get on with it".

I think you should ask your employer why this has now changed. Obviously you want to keep things amicable but it really depends how far you want to take it. You do have a case for breach of contract though.

You are lucky to have the choice. Most businesses have to operate in a 24/7 environment and it is not feasible to simply close-up for BH. Can they charge their customers double? NO. BH as automatic days off is an outdated idea, is mostly the preserve of the public sector and should not be seen as a right.

Most private sector employees have seen their holiday entitlement increase from 20 days (which included BH, contrary to popular belief) to 28 days including BH increasing the statutory entitlement from 4 weeks to 5.6 weeks. I say private sector because the public sector enjoys a greater entitlement than this.

normanjay

Thanks Angel.cake, that's more the response I was hoping for.

I should add we are getting a day off in lieu for working it but because the bank holidays are a part of our 28 day entitlement we don't actually risk losing any days.

We used to get additional holidays for time served up to a maximum of 5 days but they withdrew them last year. When we questioned the move they admitted it was unfair but it was legal - so tuff! So you could say we already are paying a price for the recession.

slopemaster

I am saddened by the number of people whose response is 'be thankful to have a a job'.
Have you thought about looking into joining a union? Perhaps too late for help in negotiating over this issue, but it could be very useful to stop this becoming the thin end of the wedge...