working Bank holiday for no extra pay

amersall

will this help?
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.

• More on rights for part-time workers

• Employment contracts

• Bank holidays (government, citizens and rights section)

What to do if you have problems

If you are not getting your full holiday entitlement, speak to your employer. If you have an employee representative (for example, a trade union official) you can ask for their help. Follow the procedures given in the article about sorting out work problems. If this does not help, you can complain to an Employment Tribunal (or Industrial Tribunal in Northern Ireland).

• More about sorting out work problems

• Breach of contract

• Useful contacts for further advice on employment issues

More useful links

• Calculate your new minimum holiday entitlement Opens new window

• Read an Acas leaflet on holidays and holiday pay Opens new window

angel.cake_2

bigheadxx wrote: »

The OP is effectively expecting triple time as they have already stated that they are getting a day off in lieu.

The OP is expecting to receive a benefit that they have always received that has now been taken away from them (and colleagues) with no discussion.

It is completely irrelevant about what everyone else gets and whether the OP is already better off than others or not.

A breach of contract has occurred and this is what the OP asked at the beginning.

normanjay

amersall wrote: »

will this help?
Public and bank holidays

That was my first stop but thanks. It did gen me up on the governments position but offers little help with regard to a breach of contract in respect of 'implied' conditions. I'm coming to the conclusion that my Company have been a bit naughty but pursuing it to a satisfactory conclusion is gonna be a mighty task. The customs and practice rule sounds good but will it hold up in law in my particular case? Looks iffy to me..

angel.cake_2

normanjay wrote: »

The customs and practice rule sounds good but will it hold up in law in my particular case? Looks iffy to me..

I would be tempted to ask for a meeting with your boss and your colleagues to discuss this. Let them know you are all unhappy about something being changed without discussion and that you feel a bit let down. It's not like you could just decide to change something about your working hours without consultation with them.

I do believe the custom and practice rule would hold up in your case but you are talking about going to tribunals and probably having to resign and sue for constructive dismissal.

I would also be very peeved myself if my employer took away something they had always given, but in the grand scheme of things it is far from being the worst thing they can do.

normanjay

angel.cake wrote: »

I would be tempted to ask for a meeting with your boss and your colleagues to discuss this. Let them know you are all unhappy about something being changed without discussion and that you feel a bit let down. It's not like you could just decide to change something about your working hours without consultation with them.

I do believe the custom and practice rule would hold up in your case but you are talking about going to tribunals and probably having to resign and sue for constructive dismissal.

I would also be very peeved myself if my employer took away something they had always given, but in the grand scheme of things it is far from being the worst thing they can do.

Food for thought there. Constructive dismissal is a step too far at this stage. I am okay with letting this one occasion pass but worry that to do so will lead to normal pay for bank holidays becoming the custom.

Our Company are usually quite genned up on the law and I cannot help feeling they were aware of what they were doing was naughty, but also knew the grey area that is customs and practice would put anyone off making a challenge. It is still worth us letting them know we know they are on dodgy ground and this might be enough to make them rethink their position in the future. I need to garner support though, I'm not sticking my neck out while everyone else ducks.

bigheadxx

angel.cake wrote: »

The OP is expecting to receive a benefit that they have always received that has now been taken away from them (and colleagues) with no discussion.

It is completely irrelevant about what everyone else gets and whether the OP is already better off than others or not.

A breach of contract has occurred and this is what the OP asked at the beginning.

If you read the full thread you will see that the OP did not state until about the 20th post that they were receiving a day off in lieu for working the bank holiday. This is effectively double time as they are getting paid for a day that they won't be working. Everything else I have posted with regard to what other people get is in answer to other posters.

Statutory holidays have recently changed and it seems quite obvious that employers will respond to them.

getmore4less

normanjay wrote: »

That was my first stop but thanks. It did gen me up on the governments position but offers little help with regard to a breach of contract in respect of 'implied' conditions. I'm coming to the conclusion that my Company have been a bit naughty but pursuing it to a satisfactory conclusion is gonna be a mighty task. The customs and practice rule sounds good but will it hold up in law in my particular case? Looks iffy to me..

To stand a decent chance of this you probably need to put in a grievence now.

This will say(something like, get advice) you are working under protest at the new terms. You disagree with these based on the fact that you have been paid at rate X for the last X years and this is now part of your contract of employment.

To just work is accepting the terms.(which you may chose to do given some of your otehr comments)


If the day would normaly be part of the statutory holiday entitlement this is NOT a DOIL.


Prior to this holiday becoming part of the statutory holidays if they previously just paid overtime with no DOIL(for a contractual BH day) and wanted to make this change they should have notified employees.

Contact may account for this but unlikely many don't.

mountainofdebt

As a matter of interest, concerning working a Bank Holiday, would anyone vote for the days when everything was shut on a Bank Holiday and a Sunday.

tbh I can't see the fuss about working a bank holiday (and yes I worked Friday and will work Monday as well ......not working tomorrow but that's only because I worked today instead of tomorrow).

I would much rather have a days holiday when I chose to have it not when the calender told me

bigheadxx

getmore4less wrote: »

To stand a decent chance of this you probably need to put in a grievence now.

This will say(something like, get advice) you are working under protest at the new terms. You disagree with these based on the fact that you have been paid at rate X for the last X years and this is now part of your contract of employment.

To just work is accepting the terms.(which you may chose to do given some of your otehr comments)



Contact may account for this but unlikely many don't.

And what does this achieve? You can only work under protest for a very short period of time, weeks not months. Then what? You either accept it or quit. If you accept it then all you have done is put yourself in the firing line, with what is claimed to be not a great employer. You are no better off.

terra_ferma

bigheadxx wrote: »

And what does this achieve? You can only work under protest for a very short period of time, weeks not months. Then what? You either accept it or quit. If you accept it then all you have done is put yourself in the firing line, with what is claimed to be not a great employer. You are no better off.

If you take a 'hard' line here, the only definite outcome will be to antagonise your employer, which could cause you a lot of problems. If you threaten employment tribunal your may find that you would go anyway because your life won't be easy at this company.
And as for claiming constructive dismissal, chances of winning such as case are, I'm told, very low.
And I doubt ET would be sympathetic to a case where the employer will claim that are finding ways of surviving without making redundancies, taking away 'perks' that went over the minimum legal requirement anyway.
But I may be wrong as I'm not an expert.