Employment rules?

leveller2911

Hi all, I'm looking for clarity regarding employment rules regarding part time workers. My wife began working for a local B&Bl in June of this year. The job is part time work and her hours are 12 hours per week working on Sundays,Mondays and Tuesdays. They have asked her to do more hours on regular occiasions which she was happy to do.

On Christmas day this year my wife has organised to do a charity event in aid of Macmillan nurses and "Help the heroes". She went into work and was told that she must work Christmas day as its on a Sunday which for her was a work day. We never gave it a thought that the B&B would be open on Christmas day and today the owner has told all the staff that "anyone who does not turn up on Christmas day to do their shift will be dismissed instantly".

My questions are :

1: Should she have had a contract ? (Worked there for 6 months and no contract.)

2: Can he legally dismiss any member of staff for not working Christmas day?

3:As Christmas day and Boxing day are Bank Holidays if she did work those days would she be entitled to days off in lieu ? or double time? etc etc..

The Charity event has been organised for months and revolves around delivering presents to houses in the area from a Sleigh, Father Christmas,Elves etc etc, she is between a rock and a hard place as she has organised it all.......

All advice apreciated......

Emmzi

1. some kind of written particulars of employment, yes, but that isn't going to help you
2. following an appropriate process, yes, and as your wife has less than 12 months service than can be a very short process indeed
3. no

Is there any compromise to be done on working different hours so she can do both?

ohreally

leveller2911 wrote: »

Christmas day and Boxing day are Bank Holidays if she did work those days would she be entitled to days off in lieu ? or double time? etc etc

When a public holiday falls on a weekend, a substitute holliday is normally applied, usually the next Monday and or Tuesday depending on the circumstances.

leveller2911

Emmzi wrote: »

Is there any compromise to be done on working different hours so she can do both?

Not really possible to compromise as the job is Christmas morning and the Charity event is also in the Morning. I don't think the children or parents would be happy receiving the presents in the afternoon.....Thanks Emmzi

ohreally

Does the employer really require a full complement of staff on Christmas day or are they simply appearing awkward?

Time of for religious observance?

Emmzi

ohreally wrote: »

Does the employer really require a full complement of staff on Christmas day or are they simply appearing awkward?

Time of for religious observance?

That's not going to wash if she usually works a Sunday.

KiKi

leveller2911 wrote: »

3:As Christmas day and Boxing day are Bank Holidays if she did work those days would she be entitled to days off in lieu ? or double time? etc etc..

Sorry, just wanted to butt in to clarify something here.

Christmas Day and Boxing Day are BHs - but are substituted when they fall on weekends. That, combined with the fact that there is no lawful right to not work on Bank Holidays means that when Christmas or Boxing Day fall on weekends there is no right to not work them, or for a day in lieu.

If she did work Boxing Day (which is Monday) then she would potentially be entitled to a day in lieu - but it depends on how her AL and BH are calculated as it's more complicated for part timers.

But certainly no entitlement to double time.

HTH
KiKi

leveller2911

ohreally wrote: »

Does the employer really require a full complement of staff on Christmas day or are they simply appearing awkward?

Time of for religious observance?

I'm afraid he is a cantankerous old man who rarely even talks to the staff. I would rather she handed in her notice TBH , she has always accomodated them when other staff were off sick or when they are very busy but the good will seems to be all one way..

Before she started there we did know that they had a quick turnover of staff and I think we know why now.

leveller2911

Thanks KiKi , I've always been self employed and have'nt got a clue about employment rules/law.........

Hammyman

ohreally wrote: »

When a public holiday falls on a weekend, a substitute holliday is normally applied, usually the next Monday and or Tuesday depending on the circumstances.

No it isn't. There is no automatic right to time off in lieu or enhanced pay.

Torry_Quine

She shouldn't have assumed that she would be off if she normally works on a Sunday and she isn't entitled to extra money unless it states it in her contract. Sorry if that seems harsh but people really should know these things.