Employment Law.

printerman · 23-03-2005, 08:26

Hi,
A friend of mine is being told he has to work Bank holiday.....He's been employed at his current place for about 6 months, and is being told he has to accrew the holiday before he van have it off.....i don't think this is true...it is a public holiday after all! Can anyone provide a link to a website that i can print off and give him to give his boss?

Thank you very much. This kind of thing could take me all day to find but i bet someone knows exactly where to go!

P

Tuftus · 23-03-2005, 08:41

http://www.dti.gov.uk/er/bankfaq.htm

Hope this helps...

Scarlett · 23-03-2005, 08:50

Tell your freind first off to look at his job contract and see what that says. Some contracts state the all bank holidays are just normal working days.

If you can't understand the contrct, take it along to the citizens advice and they will be happy to go through it with him.

The information you are looking for can be found in here and more specifically here.

to save you the effort of trawling through the sites...

Quote:

Originally Posted by DTI website

What rights do employees have on bank holidays?

Any right to time off or extra pay on bank holidays depends on the terms of an employee's contract of employment. Even when entitlements of this nature are not explicitly written down, they may sometimes be incorporated by custom and practice (for example, where they have become part of the customary terms of employment in a particular industry).

As for the accruing of holidays first, that unfourtunatly is normal for some companies. if you mate has taken some holiday this year then that may be why he cannot take any more at the moment. However, I do not believe that they can have a qualifying period i.e. if you accrue, you get so many days/month leave to take when you want thereafter.

Finally another useful group of people to know is ACAS there website is also a good one to browse.

Edit this is a good link to the releveant part of the ACAS site -> link

SMHarman · 23-03-2005, 08:57

^what they said...

The bank holidays can even be included in the 20 days minimum holiday offered.

blackthorn · 23-03-2005, 08:59

Is he going to get double time for working or a day in lieu ?
I`ve been through all this over the years. A lot depends on which industry you are employed in and what practices theyve used over the years.
I used to work in industry and the unions virtually dictated when you worked and we always got bank holidays off. Now I work in retail and it has all changed. I work bank holidays, the place would grind to a halt if everybody took the day off and then there would be loads of complaints that the people with time off, had nowhere to go or no shops to go to cause everybody is off.
What if there was no tv or buses or garages for petrol or homebase or alton towers because everybody wants the day off. There would be uproar. Personally I live with it, I have to work bank holidays and thats it.

**Maggy J** · 23-03-2005, 09:02

Quote:

Originally Posted by SMHarman

^what they said...

The bank holidays can even be included in the 20 days minimum holiday offered.

Tell me about it...

The local authority sticks every Bank Holiday into the school holidays apart from May Bank holiday.Yes I know we get a lot of holidays but at least most of you get your Bank holidays as Bank holidays...

printerman · 23-03-2005, 09:03

Disgusting as it may sound he works in a meat factory....and something he failed to mention(dont they always!)....he doesn't actually have a contract.....to me that sounds lik ehe doesn't have a leg to stand on.

Scarlett · 23-03-2005, 09:16

In these cases, he should have been handed some terms of employment or the like when he started.

He must have signed something when he started (if only for tax- don't tell me he's working cash in hand...)
__________________

If no formal contract exists then it is taken that the contract is the same as the prevailing current conditions.

But in the UK if the terms of employment are against the law then they cannot be enforced.

Get him to go and ask for a copy of his terms of employment or contract.

Tuftus · 23-03-2005, 09:43

Quote:

Originally Posted by printerman

....he doesn't actually have a contract.....to me that sounds lik ehe doesn't have a leg to stand on.

Likewise, does the employer if this is the case?

blackthorn · 23-03-2005, 10:00

Quote:

Originally Posted by printerman

....he doesn't actually have a contract.....to me that sounds lik ehe doesn't have a leg to stand on.

Oh yes he does, a verbal contract or if he has worked the t&c for a certain amount of time (not sure exactly how long ) is as good as a written contract.
You said, he has worked for them for 6 months, what was the situation at christmas regarding the bank holidays ?
If it can be shewn that bank holidays are not normally worked there, it doesnt matter if there is a written contract or not, the T&C have been changed and 90 days notice is required to change them.

SMHarman · 23-03-2005, 11:16

Christmas may well have been covered by a factory shutdown. As may one of the August breaks, common practice for processing facilities to have two 1 week shutdowns where all staff have to take holiday so maintainance can be perfomed on the plant etc.

Xaccers · 23-03-2005, 12:05

As has been said, Bank Holdays can make up the minimum 20 days employees must give, so if he wants the day off he needs to book it as holiday pay.
Now I don't know about overtime pay, whether they have to pay it for bank holidays or not.
Unless he's taken holiday already, then he should have acrued more than 1 holiday day in the past 6 months (if he only gets 20 a year then he'd have 10 acrued by now)

Anyone know how Easter Sunday is dealt with as I'm working this weekend.
Is it a public/bank holiday?

Dave Stones · 23-03-2005, 12:24

where i work, easter sunday is classed as a comulsory day off... it's a public holiday, like christmas i think...

SMHarman · 23-03-2005, 15:21

Easter Sunday and Christmas day are both extraspecial bank holidays that I though had to be honoured.
Hey he could always convert to Cathololocism or another form of Christianity and claim that not having the time of is a breach of his 'uman rights. I'm sure the Honourable Cherie Booth would have time for such a case.

cookie_365 · 23-03-2005, 19:32

Quote:

Originally Posted by printerman

Disgusting as it may sound he works in a meat factory....and something he failed to mention(dont they always!)....he doesn't actually have a contract.....to me that sounds lik ehe doesn't have a leg to stand on.

IANAL but it's my understanding that you're entitled to a written contract of employment if the job lasts or is intended to last more than a month (lawyers: please check !

)

However, I know that you have no automatic right to time off for bank holidays.