Bank Holidays

Orville

I work for a major supermarket. The green one.

On my contract I am not contracted to work a Monday. Therefore I don't.

Our boss has said that because I Signed my contract after 2011, I have to work ALL bank holidays as per the company handbook. Is this legal..?

I know it's NOT legal to be made to work a bank holiday if your contracted day is a Monday but what if it is not.

They also said that on the other hand they can send us home on a bank holiday unpaid if we are not needed. I tried arguing that they can't do that as the handbook says we have to work that day if needed, so if we are needed and they have asked us to attend surely we should attend a full day and if not they should then send us home on our flat rate rather then bank holiday rate which is time and a half.

Personally i think they are discriminating against new employees as people employed after 08 only have to work 2 bank holidays and people employed before 08 don't have to do any.

Can they do that.?.

Please guys no sarky comments on how lucky I should be to have a job etc and how they can get rid of me if they wish as they are a big company.

I would just like to know opinions of the legalities of what they say they can do.

Southend1

What does your GMB rep say about this?

Orville

Southend1 wrote: »

What does your GMB rep say about this?

Hi,

I don't belong to the union unfortunately. There is a guy there who is ex union that I can and will approach but won't see him for a few days.

I just wondered what the members opinions would be in the meantime.

Southend1

The short answer is yes they can make you do this if the contract/t&c's say so.

I would advise you to join your union so that you have access to advice and support with issues at work in future.

Orville

Southend1 wrote: »

The short answer is yes they can make you do this if the contract/t&c's say so.

I would advise you to join your union so that you have access to advice and support with issues at work in future.

I thought as much. It's not in the actual contract though. It's just in the staff handbook...

Southend1

The handbook forms part of your terms and conditions of employment

RichardD1970

Orville wrote: »

I know it's NOT legal to be made to work a bank holiday if your contracted day is a Monday

Really?

I work Monday to Friday and only get bank holidays off if they coincide with factory shutdowns so will be in work as normal on Monday for normal pay. (Big company, massive union presence).

Orville

RichardD1970 wrote: »

Really?

I work Monday to Friday and only get bank holidays off if they coincide with factory shutdowns so will be in work as normal on Monday for normal pay. (Big company, massive union presence).

Sorry you are right i worded that wrong. If you are contracted Mondays for example they have every right to expect you in on a bank holiday :-)

getmore4less

BH have no statutory place in the holiday system, purly contractual.

In retail the only right was sunday working,

Any one know has that changed?
Even though the stores can't open Easter Sunday and Xmas day whats the situtuation with having people work?

sheramber

https://www.citizensadvice.org.uk/nireland/Work/time-off-work/holidays-and-holiday-pay/

Bank and public holidays

You do not have an automatic right to take bank or public holidays off work, with or without pay. This will depends on your employment contract.

Your employment contact may say that you have the right to statutory holidays or it may not say anything about contractual holidays or statutory holidays. In these cases, your employer can:

ask you to work bank or public holidays, or
give you bank and public holidays off without paying you for them. In this case, you won't lose your right to take your full statutory holiday at some other point, or
give you bank and public holidays off and pay you for them but ask you to count them towards your statutory holiday entitlement, or
do a combination of all of these.

Orville

sheramber wrote: »

https://www.citizensadvice.org.uk/nireland/Work/time-off-work/holidays-and-holiday-pay/

Bank and public holidays

You do not have an automatic right to take bank or public holidays off work, with or without pay. This will depends on your employment contract.

Your employment contact may say that you have the right to statutory holidays or it may not say anything about contractual holidays or statutory holidays. In these cases, your employer can:

ask you to work bank or public holidays, or
give you bank and public holidays off without paying you for them. In this case, you won't lose your right to take your full statutory holiday at some other point, or
give you bank and public holidays off and pay you for them but ask you to count them towards your statutory holiday entitlement, or
do a combination of all of these.

So where do you stand (or don't you), if say your manager has said you have to work all bank holidays. Ok fair enough you go in. However they decide they don't need you, can they just send you home with out pay..? I mean if they want you in isn't that as per the contract so if you're in then your in under contract and entitled to either work the whole day at time and a half (which is what they pay) or be sent home at flat rate which is what happens.

It says and i quote " If you are contracted to work on a Customary holiday but are not required to work, you will receive the basic day rate or night rate for the number of hours you would normally have worked on that day.

So where do you stand on that as surely they have asked to to come in as per the contract (handbook), so if you then come in surely you should be paid flat rate if you are sent home..?

They are saying no.