Bank Holidays forced to work when not contracted?

Undervalued

jamesyboy007 wrote: »

Its not in the contract its in the 'handbook' and my question is about the legality of it. Employment law trumps dodgy contracts thats why i'm trying to get to the bottom of the law.

Your "contract" of employment is far more than a piece of paper with the work contract written on it! Regardless of what the GMB "recognise" some or all of the handbook would almost certainly form part of your contract. Ultimately that would be for an employment tribunal to decide, not the GMB.

Various posters have given you good advice even if it is not what you want to hear.

I suggest you talk to the GMB (assuming you are a member) and see if they will fully back you on this. I wouldn't hold my breath.

I can't see any "employment law" that is being broken.

Undervalued

jamesyboy007 wrote: »

hmmm just found this on the Acas website :-

Can workers be required to work on bank holidays?

There is no statutory right to take bank holidays off work so employees can be required to work on these days, as long as the bank holiday falls on one of the employee's normal working days. However, some employees may have contractual rights to time off on bank holidays.

If thats correct it seems like Asda are trying to 'pull fast one' (yet again) in there handbook .

Yes it is correct and no, they are not!

duchy

Sorry but you want people to agree with you - but just because that is what you want doesn't mean people will.

Can your wife take the bank holiday off instead -what does her contract say ?

It will say somewhere in your contract that the handbook is part of your working conditions so perhaps the sensible thing to do would be to approach work and explain that you have no-one to look after your children on a Friday , no friends who can help and your wife has to work bank holidays too. They might believe you and be prepared to change your shift.

In the long term both parents contracted to work all bank holidays doesn't sound very workable though !

jamesyboy007

Undervalued wrote: »

You "contract" of employment is far more than a piece of paper with the work contract written on it! Regardless of what the GMB "recognise" some or all of the handbook would almost certainly form part of your contract.

Various people here have given you good advice even if it is not what you want to hear.

I suggest you talk to the GMB (assuming you are a member) and see if they will fully back you on this.

I can't see any "employment law" that is being broken.

Yeh sorry i do appreciate the advice i was just hoping someone would have a definite answer from a legal stance and not just an interpretation of what's written in the handbook. Like i said there's things in the Handbook that just aren't legal that's why i don't take it at face value.

What it says on the Acas website seems to confirm my suspicions that what is in the handbook isn't legally binding.

jamesyboy007

Undervalued wrote: »

Yes it is correct and no, they are not!

I would say they are (trying to pull a fast one).

Can workers be required to work on bank holidays?

There is no statutory right to take bank holidays off work so employees can be required to work on these days, as long as the bank holiday falls on one of the employee's normal working days. However, some employees may have contractual rights to time off on bank holidays.

That seems pretty clear that employers can only force you to work on bank holidays if they fall on the "employee's normal working days".

Wouldn't you agree?

duchy

If you've worked there less than two years and challenge it they'd be able to sack you anyway- they don't need to give a reason (presumably you've not been there that long if this issue has only just come up)

Sometimes you need to pick your battles when it comes to jobs that fit around "lifestyle choices" no job will ever fit perfectly with the other demands on your life. At least with two parents there's usually more scope for the other to cover with annual leave or swopping shifts etc-it's far tougher for single parents.

duchy

jamesyboy007 wrote: »

I would say they are (trying to pull a fast one).

Can workers be required to work on bank holidays?

There is no statutory right to take bank holidays off work so employees can be required to work on these days, as long as the bank holiday falls on one of the employee's normal working days. However, some employees may have contractual rights to time off on bank holidays.

That seems pretty clear that employers can only force you to work on bank holidays if they fall on the "employee's normal working days".

Wouldn't you agree?

No

You need to read in context not cherry pick the odd paragraph.
The handbook forms part of your terms and conditions and says you can be scheduled to work bank holidays ......it doesn't say anything about if those days are your normal working days or not.

jamesyboy007

I've been there 3 and 1/2 years and this is the first time they've asked me to work Good Friday. I've worked every Bank Holiday Monday since i started.

Thanks for taking the time to respond everyone, much appreciated.

jamesyboy007

duchy wrote: »

No

You need to read in context not cherry pick the odd paragraph.
The handbook forms part of your terms and conditions and says you can be scheduled to work bank holidays ......it doesn't say anything about if those days are your normal working days or not.

So you're saying Acas are wrong?

They clearly state "as long as the bank holiday falls on one of the
employee's normal working days".

There's no caveats to that. It doesn't say 'unless stated otherwise in the contract'. Its a pretty clear statement as far as i can see.

Thanks for your help anyway.

Undervalued

jamesyboy007 wrote: »

Yeh sorry i do appreciate the advice i was just hoping someone would have a definite answer from a legal stance and not just an interpretation of what's written in the handbook. Like i said there's things in the Handbook that just aren't legal that's why i don't take it at face value.

Maybe there are in which case those items wouldn't be enforceable but that doesn't mean the rest isn't.

What it says on the Acas website seems to confirm my suspicions that what is in the handbook isn't legally binding.

Wishful thinking - sorry!

In any case, think about the bottom line in the worst case....

You refuse to work. They sack you.

Maybe, just maybe, with the union's legal help you take them to a tribunal and win. What then? You would get some compensation (far less than most people seem to think) but still be without a job.

But, based on what you have posted here you won't win and I'd be amazed if the union backed the case.