Bank Holidays forced to work when not contracted?

anamenottaken

jamesyboy007 wrote: »

So by that reckoning an employer can put whatever its wants into a contract whether legal or not and you have to abide by it?

Say for example, it was in a contract that you had to 60 hours a week if so requested, they could enforce it despite working time directives stating that employees can't be forced to work more than 48 hours a week?

Work contracts trump the law? Is that what you're saying?

It would not be against the WTD for an employer to require an employee to work more than 48 hours in a week. The 48 hours/week is to be averaged, not for individual weeks.

System

Two of my friends work for Sainsburys. They are not forced to work BHs and even get additional annual leave to cover it they want book BHs. Though most don't do this as they got a few extra days to book when they want. Sounds like Asda's colleagues that started c4 years ago don't have any additional leave to cover BHs.

One of my isn't contracted to work Fridays. But still an issue with Boxing Day as its on a Saturday this year and they have been told not to book it off. If everyone that is contracted to work at one of my friend's stores on Boxing Day, there would be more checkout colleagues than tills as the stores in the past few years have opened 10am-5pm whereas a normal Saturday the store is open 7am-11pm. The vast majority of checkout staff are the older ones and cannot put out delivery.

montyrebel

supermarkets are not banks, it is a bank holiday not a supermarket holiday

xHannahx

Good Friday is not a bank holiday unless you are in Scotland.

The bank holiday act has the following as bank holidays

Bank holidays
England, Wales, Ireland
Easter Monday
Whit Monday
First Monday in August
Boxing Day/St Stephen's Day


Good Friday is a public holiday not a bank holiday so depending on the exact wording of your contract will determine whether you are required to work it or not.

getmore4less

jamesyboy007 wrote: »

Thanks, this was something i was thinking about that maybe even if they can force me to work the bank holiday surely they can't force me to work a 25% longer week? The 'handbook' states that from time to time i may be asked to work extra hours but to increase my hours by 25% seems unreasonable.

The reason why i can't work Good Friday is i have no childcare. If the worst comes to the worst i may be forced to take emergency leave.

This would not be covered by the emergency leave legislation.

getmore4less

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, BH have NO special status in law, purely contractual.

an employer can have you work any day your contract would allow, no days have special status unless your contract gives them, appears your contract does not give any days special status.

Sncjw

Also if you work good friday most likely you will get that day back as and star day holiday.

[Deleted User]

All depends on who you work for..

I know this won't pacify you OP; last year I was set to work G/F this year I am not, neither am I happy about it losing a whole days pay makes me grrr! Shall make my bills and creditors even happier too! :cool: think of it other ways if you please

RichardD1970

xHannahx wrote: »

Good Friday is not a bank holiday unless you are in Scotland.

The bank holiday act has the following as bank holidays

Bank holidays
England, Wales, Ireland
Easter Monday
Whit Monday
First Monday in August
Boxing Day/St Stephen's Day


Good Friday is a public holiday not a bank holiday so depending on the exact wording of your contract will determine whether you are required to work it or not.

The Government disagree with you,

https://www.gov.uk/bank-holidays

duchy

My contract (and this is becoming more common) gives me extra holiday days in lieu of bank holidays - however I don't have the legal right to insist on booking a holiday on a bank holiday (although I can book it if I get in early enough)

I suspect the OP's contract has a similar clause.