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Bank holiday can my boss do this?

(4 Posts)
Shinyhappynicola Fri 14-Apr-17 00:08:29

Hi I'm new here just after a bit of advice please.
I started my new job a few weeks ago in a local cafe, my contracted days are Mon Tues fri and sat.
Got told by my boss at the beginning of this week the shop was shut good Friday and easter Monday and that as I haven't been working there long enough I hadn't accrued enough holiday to cover those two days to which I thought fair enough.
My boss said he was thinking about opening for a few hours by himself on the Friday but he wasn't sure. Just seen on the Facebook page he is opening 8-12. My contracted hours on Fridays are 830-1030.
On a Friday I work with the boss and one other employee as he said he needs 3 people on friday mornings as it's so busy. On my other days it's just me and him.
Now I don't know if the other lady is working friday or not bit my question is, is it fair that I'm not being paid AND he's opening on my contracted day but yet saying I'm not working so Im losing 2 hours wages?
Hope this makes sense!

TyneTeas Fri 14-Apr-17 00:14:52

Hope this helps

TyneTeas Fri 14-Apr-17 00:17:00

If my place of work was open, I would expect to be able to work my contracted hours

MiniMum97 Fri 14-Apr-17 00:38:01

If you are classed as an employee then there is an obligation on the employer to provide work and for you to turn up to work. If you can pick and choose when and whether you work (which it doesn't sound like you can?) then you would be a worker and your employer doesn't have an obligation to provide you with work.

If you started work a few weeks ago then you may still be entitled to some holiday pay this month....

An employer can use an accrual system to work out a worker’s leave during the first year of the job. Under this system, a worker gets one twelfth of their leave in each month. So by the third month they’d be entitled to a quarter of of their total leave, eg 7 days out of 28 for a 5-day week.

If your employer dismisses you because of asking for your employment rights you should be able to claim unfair dismissal even though you have worked for less than 2 years. Although be aware that that can be hard to prove so do proceed with caution.

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