AIBU?
Monday 19th Bank Holiday
Lulu1919 · 14/09/2022 18:12
Hi
My husband doesn't work Bank Holidays ...he gets four weeks paid holiday plus bank Holidays
His place of work have told him he has to work Monday or take it as a days holiday....but that doesn't make sense to me ...
It's a car sales showroom and he works behind the scenes .
I feel they should close..but that's another thread !!
Quveas · 14/09/2022 18:15
Can you post EXACTLY what the contract says? Because that would be critical
DashboardConfessional · 14/09/2022 18:16
The official guidance is that it is up to the employer unfortunately.
Hobbesmanc · 14/09/2022 18:16
That's the same as us. We now have an extra bank holiday added on automatically
If we are rostered to work Monday as we can't close down we get another day in lieu. If we are off we need to book it to take the new additional day.
User642986540 · 14/09/2022 18:19
Is it because people get the legal minimum holiday of 28 days and anything above that is discretionary as it is above the minimum
DashboardConfessional · 14/09/2022 18:23
User642986540 · 14/09/2022 18:19
Is it because people get the legal minimum holiday of 28 days and anything above that is discretionary as it is above the minimum
Depends. It's only 28 because of 8 bank holidays. 20 plus bank holidays would mean 30 days with funeral and potential coronation. 28 days inc bank holidays - they don't have to give it to you.
Frazzled2207 · 14/09/2022 18:24
It’s not ideal but no business is forced to shut or give employees a day off
i doubt they will sell any cars on Monday morning
User642986540 · 14/09/2022 18:29
DashboardConfessional · 14/09/2022 18:23
Depends. It's only 28 because of 8 bank holidays. 20 plus bank holidays would mean 30 days with funeral and potential coronation. 28 days inc bank holidays - they don't have to give it to you.
User642986540 · 14/09/2022 18:19
Is it because people get the legal minimum holiday of 28 days and anything above that is discretionary as it is above the minimum
So it depends on how your employment contract is worded then
Quveas · 14/09/2022 18:31
Shamoo · 14/09/2022 18:26
It’s optional for businesses to honour this one.
No it isn't. It depends on what the contract says. And nothing else.
Anytimeiseeit · 14/09/2022 18:41
If his contract says 20 days plus 8 bank holidays then this is perfectly fine, his employer are doing nothing wrong
To the posted who said it’s optional for businesses to honour this one, that applies to all bank holidays. Loads of businesses operate on bank holidays, it’s not obligatory to close
Lulu1919 · 14/09/2022 20:47
He does not have a contract ...he's been there 5 months ?
My place of employment is closed ...I don't get paid for bank hols so I guess I'll lose a days pay !
It is what it is 
Hymnulop · 14/09/2022 20:50
The motor trade is horrendous, they treat all staff like shit and its just the culture so this doesn't surprise me. Sounds like based on your also not getting paid you could both do with new jobs.
jbee1979 · 14/09/2022 20:56
Hymnulop · 14/09/2022 20:50
The motor trade is horrendous, they treat all staff like shit and its just the culture so this doesn't surprise me. Sounds like based on your also not getting paid you could both do with new jobs.
I work in the trade and our place only closes on Christmas Day, yet we're closed for this one. Customers will have something to say. In our case they don't want to DO the right thing, so much as BE SEEN to be doing the right thing. 5m in and no contract is the more worrying thing. He should look for another job.
Lulu1919 · 15/09/2022 06:37
Hello all
Re contract...I looked it up and apparently there is no law that you have to be given a written contract...so that was a surprise !
Re my job...I think you may be right a change is needed but it's all I've ever known for nearly 20 years and a change is a bit scary ..
Thank you
CatchYouOnTheFlippetyFlop · 15/09/2022 06:46
Maybe no written contract, but its a contract all the same.
Anyway, some employers put in their contacts '8 bank holidays', so if any extra surprise ones occur, they aren't obliged to offer them to staff.
If I was your husband, I would be asking for a written contract. How does he know his terms and conditions?
Quveas · 15/09/2022 11:03
Lulu1919 · 15/09/2022 06:37
Hello all
Re contract...I looked it up and apparently there is no law that you have to be given a written contract...so that was a surprise !
Re my job...I think you may be right a change is needed but it's all I've ever known for nearly 20 years and a change is a bit scary ..
Thank you
That's not entirely true. The full contract is formed through a variety of written documents, verbal agreements, and custom and practice. But it is the law that you must be given a written statement of the main particulars on the first day of employment, and that statement must include details of holiday entitlement.
www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars
In the UK workers are entitled to 28 days holiday, which may include bank holidays - that is the legal minimum. But they can give more, and there are a number of variations that are common in the contracts of employment, such as 20 days plus 8 days bank holidays (which means you get 28 days, 8 of which must be taken on bank holidays) or 20 days plus bank holidays. If it is the latter statement (or any variation that simply says "plus bank holidays") then the employer has contracted to allow paid bank holidays, and this calendar year there are 10 of them! There is no automatic entitlement to any bank holidays - they are just ordinary days in employment terms, so employers don't have to give them, but they must act in accordance with their own contractual terms.
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