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Possible Removal/Change of Bank Holiday

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I work in non essential retail in Scotland (charity shop). We have closed every Christmas Day/Boxing Day/1st January/2nd January since I started, as far as I know no shop in Scotland has ever opened those days.

There are now non-confirmed rumours that the regional manager wants shops to open on the 2nd January in line with England. Nobody in my store drives and (based on last years bus timetables) a taxi will be needed to get to the store. None of us live near to each other so couldn't share.

The major issue that English stores have Good Friday as a BH and we have January 2nd instead of that. If we are forced to open January 2nd then we will be getting one less BH than English stores, our holiday year is April to March so it wouldn't be made up before the end of the holiday year.

Can they just decide to change this with less than 5 weeks to go?

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  • lincroft1710
    lincroft1710 Posts: 18,916 Forumite
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    There is no right to having a Bank Holiday as a holiday. Full time workers are entitled to 5.6 weeks holiday per annum, which can include Bank Holidays. If working the 2nd Jan and this is included in your 5.6 weeks holiday then your employer has to allow you to take another day as holiday before 1 April 2024
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  • Slashy
    Slashy Posts: 18 Forumite
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    Ok, thank you.
  • Grumpy_chap
    Grumpy_chap Posts: 18,290 Forumite
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    Slashy said:
    I work in non essential retail in Scotland (charity shop). We have closed every Christmas Day/Boxing Day/1st January/2nd January since I started, as far as I know no shop in Scotland has ever opened those days.

    There are now non-confirmed rumours that the regional manager wants shops to open on the 2nd January in line with England. Nobody in my store drives and (based on last years bus timetables) a taxi will be needed to get to the store. None of us live near to each other so couldn't share.

    The major issue that English stores have Good Friday as a BH and we have January 2nd instead of that. If we are forced to open January 2nd then we will be getting one less BH than English stores, our holiday year is April to March so it wouldn't be made up before the end of the holiday year.

    Can they just decide to change this with less than 5 weeks to go?
    The comparison with BH in England may be incomplete.  AIUI, England (and Wales) have 8 BH, while Scotland have 9 BH as there is also St Andrew's Day.

    Perhaps the charity have realised they are giving staff in England the statutory 28 days (5.6 weeks) and, by honouring the additional BH in Scotland, inadvertently giving an increased holiday allowance in total.  Are you still able to book annual leave for the 2nd January?  That might be a solution.

    I do sympathise with the change and wonder whether anyone expects a charity shop to be open on what is a Bank Holiday locally.  Will the volunteer staff be willing to work?
  • Marcon
    Marcon Posts: 14,475 Forumite
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    Slashy said:
    I work in non essential retail in Scotland (charity shop). We have closed every Christmas Day/Boxing Day/1st January/2nd January since I started, as far as I know no shop in Scotland has ever opened those days.

    There are now non-confirmed rumours that the regional manager wants shops to open on the 2nd January in line with England. Nobody in my store drives and (based on last years bus timetables) a taxi will be needed to get to the store. None of us live near to each other so couldn't share.

    The major issue that English stores have Good Friday as a BH and we have January 2nd instead of that. If we are forced to open January 2nd then we will be getting one less BH than English stores, our holiday year is April to March so it wouldn't be made up before the end of the holiday year.

    Can they just decide to change this with less than 5 weeks to go?
    The comparison with BH in England may be incomplete.  AIUI, England (and Wales) have 8 BH, while Scotland have 9 BH as there is also St Andrew's Day.

    Perhaps the charity have realised they are giving staff in England the statutory 28 days (5.6 weeks) and, by honouring the additional BH in Scotland, inadvertently giving an increased holiday allowance in total.  Are you still able to book annual leave for the 2nd January?  That might be a solution.

    I do sympathise with the change and wonder whether anyone expects a charity shop to be open on what is a Bank Holiday locally.  Will the volunteer staff be willing to work?
    But there hasn't been a change, or at least not yet. These are just rumours, so surely the sensible thing is to find out the facts by asking the manager?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Brie
    Brie Posts: 14,750 Ambassador
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    How much notice do you normally get for changes to your schedules or that you are expected to give if you want a day off?  I'd use this as an indication of how much time management needs to make an unexpected change.  Might be a good idea to talk to them to find out what is really happening.  I would have thought they would perhaps announce something like this with the understanding that it isn't happening until 2025.
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  • Slashy said:
    I work in non essential retail in Scotland (charity shop). We have closed every Christmas Day/Boxing Day/1st January/2nd January since I started, as far as I know no shop in Scotland has ever opened those days.

    There are now non-confirmed rumours that the regional manager wants shops to open on the 2nd January in line with England. Nobody in my store drives and (based on last years bus timetables) a taxi will be needed to get to the store. None of us live near to each other so couldn't share.

    The major issue that English stores have Good Friday as a BH and we have January 2nd instead of that. If we are forced to open January 2nd then we will be getting one less BH than English stores, our holiday year is April to March so it wouldn't be made up before the end of the holiday year.

    Can they just decide to change this with less than 5 weeks to go?
    They can make you work any Bank Holiday they wish as long as all 8  sre   masde available as part of your annual leave. 

    I currently work in a logistics setting and in some cases we've hd the  Day  before a bank holiday off as  dept closedown  but  worked the bank holiday as there are deliveries to stores and customers on the day after the BH 

    in  other 24/7 settings  bankhoildays are just  60 ish (8*7.5)  hours into  the  annual leave pot on top of the  legal  4* contracted  weekly hours and any  additional A/L negotiated by TU or given as long service  reward 
  • Undervalued
    Undervalued Posts: 9,589 Forumite
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    Slashy said:
    I work in non essential retail in Scotland (charity shop). We have closed every Christmas Day/Boxing Day/1st January/2nd January since I started, as far as I know no shop in Scotland has ever opened those days.

    There are now non-confirmed rumours that the regional manager wants shops to open on the 2nd January in line with England. Nobody in my store drives and (based on last years bus timetables) a taxi will be needed to get to the store. None of us live near to each other so couldn't share.

    The major issue that English stores have Good Friday as a BH and we have January 2nd instead of that. If we are forced to open January 2nd then we will be getting one less BH than English stores, our holiday year is April to March so it wouldn't be made up before the end of the holiday year.

    Can they just decide to change this with less than 5 weeks to go?
    Yes, they can.

    As said in some of the responses above there is no legal right to bank holidays, not even Christmas day!

    Unless your contract specifically states that you get all bank holidays as part of your annual leave then, just like any other pre booked leave, your employer can cancel it just by giving you fairly minimal notice.

    Equally your employer can instruct you to take part (or all) of your holiday just by giving notice of twice the length of the holiday they want you to take.

    So, I always advise employees to think very carefully before getting into a dispute with the employer about holiday dates as the cards are largely in the employer's hand!
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
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    What does your contract day?
    If it says that you get x days holiday plus bank holidays, then unless it also explicitly states it is governed by the law of England & Wales then I don't think that they can make you go in.

    f it states that you have x days inclusive of bank holidays then as with any other booked holiday, they can cancel and require you to work, as long as they give adequate notice. 

    Tht said, you mentioned that it is currently an unconfirmed rumour - would it be worth you asking your store manager to make enquiries about whether it is true and if some, the thinking behind the change, and whether the regional manager is aware of the issue. I would have though t that the biggest of these would be that if none of the other shops will be open, it's highly unlikely that yours will get any footfall, so it seems counter productive to open. They might however require you to use a days leave if it is correct that you get 9 bank holidays instead of 8, although again, this might be a change of contract . 

    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Slashy
    Slashy Posts: 18 Forumite
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    edited 29 November 2023 at 5:28PM
    We currently don't have a manager (it's being advertised) and have only just got a new area manager. Regional manager told previous area manager she was considering it, who told a coworker. We've had nothing confirmed or in writing and staff at other shops know nothing about it when we've mentioned it. Apparently RM didn't realise that we were all closed on the 2nd previously, even though she's been the RM since I started. The policy does allow for flexibility for Scotland and NI but states

    "the defined and fixed bank holidays will be 2 days at Christmas (Christmas Day and Boxing Day) and 2 days at New Year (New Year’s Day and 2 January)." but says nothing about being closed.

    We only get 8 BHs, we generally open shorter hours on BHs although we were closed Easter Sunday. 

    We're supposed to have schedules a minimum of 4 weeks in advance but that doesn't always happen, currently have until 17th December.

    New area manager is in store today so hopefully it comes to nothing or we'll be told it starts next year.

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