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I work full time 5 days inc sat....i get a day off in the week, i have a contract that says i am entitled to 25 days holiday per year plus statuary public holidays.

 

I have been told that i cannot have my day off week commencing 20th dec as i have to have christmas day off. This, i am told is because bank holiday is mon, tues and we are closed!

 

It dont seem to make sense to me.

 

Surely this is breeching my contract

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It sounds like you have to work Mon-Fri because you cannot work Saturday (it being Christmas day - but not a "bank holiday" because that is Monday and Tuesday). So if you are not in work on Saturday then it would either be a days leave or have it unpaid. So you still work 5 days and get your full pay, and then have 4 days off work. That's what it sounds like - but truthfully you would have to ask the employer, because the law doesn't stipulate on this. But the law does say that employees (except in certain exceptions) cannot work Christmas day. So you are still getting 25 days plus bank holidays, and working a five day week. Alternatively the employer could have told you that you have to use a days leave for Christmas day - the employer can, in law, tell you that some holiday must be used when they say. So either way, you would have the same pay overall.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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but surely if my contact says 25 days hol plus stats (doesnt specify any number of stats), christmas day is one of those "stats", a public holiday. Wouldnt this be having my day off on a public holiday?

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the key is what are you working the following week - as the "bank Holidays" fall then.

 

You are working a normal five day week in run up to Christmas, I would expect you only do a three day week the following week, with Mon/Tue taken as time off put paid as BH - for things to even out. But that said without knowing what industry you are in or how your holidays work, that might not be correct...

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On the run up to xmas...i was going to have my day off within the week as normal, then we closed xmas day, boxing day. The following week there is a bh monday which we closed and then open on tues (this would have been my next day off) - then we closed new year day and have a bh on 3 jan.

 

My contract just says " you are entitled to 25 days holiday per annum plus staturary public holidays" - thats it!

Its retail industry

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if you are only working three that seems right then, if you normally work five days. You are getting two days off in lieu of Xmas Day and Boxing Day. So all ok.

 

If you got a day off the week before, and then you dont work Xmas day, as shop is shut, then you would have to work four the following week if you wanted normal pay...

 

 

( I am assuming that your days of work are flexible i.e. five days out of 7)

Edited by helencb
clarity
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so i wouldnt get my day off week before xmas!

When it was easter or any other bh i had my day off, and only worked a short week ( ie bh mon off, tues day off, then 4 days in) and got paid, this is what i cant understand, if it like that for easter ect, why is christmas different?

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Good Friday is always a Friday....so you would work 4 days out of five, excluding the Friday that week I assume. The rest (excluding NYD) normally fall on a Monday (2 x May hols, Aug, Easter Monday -) so you should do a four day week in those weeks, but get paid for five.

 

THis year, the way Christmas falls, the official hols are the Mon and Tue, so into the following week. Unless your employer decides differently according to how they do your contract of course, but it sounds like they give you regular holidays and regular stats - and the stats are the following week.

 

What you really want to check is the week after that - i.e. when are you getting a day off for New Year's Day, if that was normally a working day...if you are only working four days the following week, and being paid for five, then you are getting paid for all three statutory days without working them...

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ahah i think i follow you now.........so w/b 20th i have to work 4 days because theres a stat hol (xmas day in there) - then w/b 27th i still have to work 4 days even tho theres bh's in there.

So 1st week i have day off and xmas day - total working days in week = 4

2nd week i dont have day off because i have bh mon and new year day so i work tues, wed,thurs,fri = 4

3rd week i have bh mon off but dont have day off = 5 working days

 

Am i anywhere near?

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LOL - now I think you have been short changed. In that three week period, from Mon 20th - there are three public holidays, so I think you should be working 12 days (because I am assuming, as per your OP, that you do not have the public holidays added to your holiday allowance so you take them where you will - common in the retail/hospitality trade)

 

So if you are working 4 days/4days/5 days, I think you are owed another day....

 

(assuming you are in England)

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Im sorry Im at an age now where the old comprehend cell is on the wain lol.

 

Okay so starting on week 1 (w/b 20th) could i take tuesday as my normal day off and be home on xmas day, without breaking any rules?

 

Then 2nd week (beg 27th) there is a bank hol and ne w year day..........am i entiled to my normal day off that week - say tuesday again?

 

then on 3rd week (beg 3rd) there is one bank hol.....do i get my normal day off that week?

 

 

Sorry i might be able to get my head around it this way lol

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