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Can anyone help with this?

Discussion in 'Employment & Jobs' started by greenbrucelee, Nov 6, 2008.

  1. greenbrucelee
    Highly Decorated Member Award

    greenbrucelee Zettabyte Poster

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    I have worked at my current place of employment for the last 8 years (8 years tommorow).

    When I have been required to work Bank holidays I have always been paid double time, my company is now saying that they dont have to pay double time as I am on a salary, but wherever I have worked before wether it's been salary based or wage based if you worked on a bank holiday I was paid extra as it is supposed to be a holiday.

    Can my work suddenly do this without changing my contract? and is it right that they can get away without paying extra?
     
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  2. r.h.lee

    r.h.lee Gigabyte Poster

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    Disclaimer: I am NOT an international employment lawyer so seek competent legal advice prior to acting on what I'm going to say.

    greenbrucelee,

    According to the "Bank and public holidays in England, Wales, and Northern Ireland for the years 2008-2011" webpage on the Department of Business Enterprise & Regulatory Reform website states...
    According to a "United Kingdom: Holiday Snaps - A Round Up Of Holiday-Related Issues" webpage on the Mondaq.com website states...
    So from what I've gathered is that as of October 2007, the quantity of holiday time for a full time employee has increased to 24 days to take bank holidays into account. Since "...[h]oliday which is taken on bank holidays does count against the entitlement..." but if your contract states the employer has the right to recall you into work even on a bank holiday, the employer's right seems to override your rights under the holiday time law. As stated by the Department of Business Enterprise & Regulatory Reform, "...Any right ... extra pay for working on a bank holiday depends on the terms of an employee's contract of employment." So let's take your questions one at a time:

    Q: Can my work suddenly do this without changing my contract?
    A: I'm not sure of the legalities on your side of the pond are but I would imagine the terms of your unmodified contract with NO modifications that you did NOT agree to should stand.

    Q: and is it right that they can get away without paying extra?
    A: It depends on what the terms are in your contract of employment.

    Did I help you with your issue?

    Source:
    1. "Bank and public holidays in England, Wales, and Northern Ireland for the years 2008-2011" webpage @ berr.gov.uk - http://www.berr.gov.uk/whatwedo/employment/bank-public-holidays/index.html
    2. "United Kingdom: Holiday Snaps - A Round Up Of Holiday-Related Issues" webpage @ mondaq.com - http://www.mondaq.com/article.asp?articleid=50212
     
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  3. greenbrucelee
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    greenbrucelee Zettabyte Poster

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    Thanks very much repped, this has helped a lot.
     
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  4. kevicho

    kevicho Gigabyte Poster

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    The simple solution is to go in a do a half assed job that day ;)
     
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