Public / bank holidays

GSDlover13

I Work for a private breakdown Co. All the non operations staff have been given this Xmas and new year public holidays off and not taken off their annual leave, all operations staff have had to work with no compensation for working public holdays. If operations staff wanted the same amount time off as non operations they would have to take the time out of their annual leave. Can they do this ? What can we do about it. We ALL on same contract.

Bradden

Have you looked to see  what your contract says about public holidays?

Undervalued

GSDlover13 said:

I Work for a private breakdown Co. All the non operations staff have been given this Xmas and new year public holidays off and not taken off their annual leave, all operations staff have had to work with no compensation for working public holdays. If operations staff wanted the same amount time off as non operations they would have to take the time out of their annual leave. Can they do this ? What can we do about it. We ALL on same contract.

It is not unlawful in itself to treat certain employees differently as long as the real reason is not one of the few grounds protected by law (e.g race, gender etc).

Also there is no automatic legal right to bank holidays. An employee's entitlement is to 5.6 weeks paid leave per year (unless the contract agrees more) to be taken when the employer decrees.

So, just as you can give certain employees only a pay rise or bonus you can also give extra holiday. It may not be great management or good for general staff morale but it is not unlawful.

zagfles

What does the contract say about public holidays?

zagfles

Undervalued said:

GSDlover13 said:

I Work for a private breakdown Co. All the non operations staff have been given this Xmas and new year public holidays off and not taken off their annual leave, all operations staff have had to work with no compensation for working public holdays. If operations staff wanted the same amount time off as non operations they would have to take the time out of their annual leave. Can they do this ? What can we do about it. We ALL on same contract.

It is not unlawful in itself to treat certain employees differently as long as the real reason is not one of the few grounds protected by law (e.g race, gender etc).

Also there is no automatic legal right to bank holidays. An employee's entitlement is to 5.6 weeks paid leave per year (unless the contract agrees more) to be taken when the employer decrees.

So, just as you can give certain employees only a pay rise or bonus you can also give extra holiday. It may not be great management or good for general staff morale but it is not unlawful.

I wonder if there's a significant gender difference between operations staff and non operations? Working in an office or going out to breakdowns? I'd bet there is! In which case it could be sex discrimination.

Thrugelmir

zagfles said:

Undervalued said:

GSDlover13 said:

I Work for a private breakdown Co. All the non operations staff have been given this Xmas and new year public holidays off and not taken off their annual leave, all operations staff have had to work with no compensation for working public holdays. If operations staff wanted the same amount time off as non operations they would have to take the time out of their annual leave. Can they do this ? What can we do about it. We ALL on same contract.

It is not unlawful in itself to treat certain employees differently as long as the real reason is not one of the few grounds protected by law (e.g race, gender etc).

Also there is no automatic legal right to bank holidays. An employee's entitlement is to 5.6 weeks paid leave per year (unless the contract agrees more) to be taken when the employer decrees.

So, just as you can give certain employees only a pay rise or bonus you can also give extra holiday. It may not be great management or good for general staff morale but it is not unlawful.

I wonder if there's a significant gender difference between operations staff and non operations? Working in an office or going out to breakdowns? I'd bet there is! In which case it could be sex discrimination.

Operations staff will also be office based. 

Undervalued

zagfles said:

Undervalued said:

GSDlover13 said:

I Work for a private breakdown Co. All the non operations staff have been given this Xmas and new year public holidays off and not taken off their annual leave, all operations staff have had to work with no compensation for working public holdays. If operations staff wanted the same amount time off as non operations they would have to take the time out of their annual leave. Can they do this ? What can we do about it. We ALL on same contract.

It is not unlawful in itself to treat certain employees differently as long as the real reason is not one of the few grounds protected by law (e.g race, gender etc).

Also there is no automatic legal right to bank holidays. An employee's entitlement is to 5.6 weeks paid leave per year (unless the contract agrees more) to be taken when the employer decrees.

So, just as you can give certain employees only a pay rise or bonus you can also give extra holiday. It may not be great management or good for general staff morale but it is not unlawful.

I wonder if there's a significant gender difference between operations staff and non operations? Working in an office or going out to breakdowns? I'd bet there is! In which case it could be sex discrimination.

As Jillanddy has said, there just being a gender difference is nowhere near enough. To make a successful claim you would need to show that was the actual reason.

zagfles

Jillanddy said:

zagfles said:

Undervalued said:

GSDlover13 said:

I Work for a private breakdown Co. All the non operations staff have been given this Xmas and new year public holidays off and not taken off their annual leave, all operations staff have had to work with no compensation for working public holdays. If operations staff wanted the same amount time off as non operations they would have to take the time out of their annual leave. Can they do this ? What can we do about it. We ALL on same contract.

It is not unlawful in itself to treat certain employees differently as long as the real reason is not one of the few grounds protected by law (e.g race, gender etc).

Also there is no automatic legal right to bank holidays. An employee's entitlement is to 5.6 weeks paid leave per year (unless the contract agrees more) to be taken when the employer decrees.

So, just as you can give certain employees only a pay rise or bonus you can also give extra holiday. It may not be great management or good for general staff morale but it is not unlawful.

I wonder if there's a significant gender difference between operations staff and non operations? Working in an office or going out to breakdowns? I'd bet there is! In which case it could be sex discrimination.

You need a lot more than that to demonstrate sex discrimination. An awful lot more. For starters, comparators must be shown to do work of broadly similar type or value. I seriously doubt that being on call to breakdowns 27/7/365 in all weathers and in a manual process compares to being in an office taking calls and keeping the admin straight. That doesn't mean that both roles aren't of value,  but they aren't remotely comparable. Of course,  that's assuming that you are correct and there aren't loads of women doing breakdowns, or loads of men in the office - it's a bit sexist to make assumptions that men don't work in offices or women in manual roles.  

OP, I do think it's unfair - not legally speaking but more generally. But have you actually pointed this out to the employer?  Sometimes things just get overlooked and there's no bad intent. A carefully reasoned case can often do more than to get what you want than quoting any laws.  

It's a bit sexist to assume I meant that way round