Does an employer have to pay me bank holidays??

daz2712

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I'm normally paid bank holidays,always have been.

Basically whats happened is I had to take my son to the hospital last thursday so I rang work and told them and said I wasn't going to be in that day.

Now after I've gone in work today,they've said that because I didn't go in last thursday,they won't pay me for Good Friday and Bank Holiday Monday.

Are they allowed to do this? I can't even check my contract because I've worked there for 9 mnths now and NEVER had one.
I know that they are actually breaching employment law by doing that but are they allowed not pay me the bank holidays.
I would have thought that the bank holidays are a national holiday and they can't refuse to pay me for it.I know it works differently if I was sick,but I never stated to them that I was taking a sick day,just that my son had to go to the hospital.

Can anyone help?
 
If you are in a union you should see your shop steward.

According to the cab its all down to your contract: http://www.adviceguide.org.uk/index/life/employment/bank_and_public_holidays.htm so it may be worth contacting them.

Everyone where I work normally gets paid bank holidays and I know everyone else did last week.
I understand its down to my contract but I've never had one to quote.

If I was off sick they don't have to pay me for them BUT they have to give them back as holidays.So I don't see how they can refuse to pay me for them OR give them me back!
 
if u havent a contract thats against the law , u should have a job description , now that works against them .. if u complain and nothing happens u could tap dance all day and u cant be saked , its plays both ways and u cant be saked for being late as u have no working hours to work too
 
if a dependant is ill you have the right to take an off sick. They shouldnt deduct that from your pay but register it as off sick - unless you have agreed to not do this so that your sickies count doesnt go up.
 
Every full-time employee is entitled to 20 days holiday minimum (pro-rata if part time). Unfortunately at the moment this can include bank holidays (though I believe it is intended that this will change in the future).

I imagine you have a very strong case if this were brought before a tribunal - I can't imagine you employers would feel to happy going in front of a tribunal if they haven't given you a contract - perhaps you can use this in your bargaining. If you don't have any luck with this I would get legal advice
 
Well I know from my co-workers that we get 20 days holiday a year and we have deduct whatever we need for xmas but all other bank holidays etc are supposed to be paid.

How would I prove they haven't given me a contract?

They know I haven't got one but I've refused to ask them about it because I know they are in breach.But if I mention about a contract to them,whats to stop them drawing one up and presenting it to me.If I refuse to sign it would this then make me liable?
Whats to stop them saying that a contract has always been there but I've just never asked for it?
 
its our policy that if ur sick prior to a bank holiday or after it u need a doctors sick note or the staff dont get paid
 
Well I know from my co-workers that we get 20 days holiday a year and we have deduct whatever we need for xmas but all other bank holidays etc are supposed to be paid.

How would I prove they haven't given me a contract?

They know I haven't got one but I've refused to ask them about it because I know they are in breach.But if I mention about a contract to them,whats to stop them drawing one up and presenting it to me.If I refuse to sign it would this then make me liable?
Whats to stop them saying that a contract has always been there but I've just never asked for it?
if u ask about it dont worry if they give u one to sign
sign it but also date it
and get them to sign that u have excepted it
u both should have a copy

if dated after the said incident they cannot use that against u
 
OK I'm a general manager of a recruitment agency employing temporary workers and my own staff so a bit off an expert in this field.

1) There is no law requirering a employment contract, there is a law for a letter offering employment.

2) Sick pay is not required to be paid untill you have been off sick for 3 days (i.e. the first 3 days off sick are unpaid) then legally SSP kicks in at arround £70 per week. You are considered to be off sick untill you return to work, therfore if you were off sick on thursday day -1, friday - day 2, Monday - day 3, thus no entitlment to any pay.

3) Legal holiday entitlment is 20 days a year, bank holidays do not figure into this in anyway, so it is 20 days total. The goverment are not happy that employers are not paying Bank Holidays but also understand that some business' need to opperate on said days and to compensate people for those days without forceing companies to close are giving us from 1/10/07 an additional 4 days a year making a total of 24.

Any questions give me a shout.
 
If you said you were sick on the thursday or gave the impression that you were sick, then you would have had to ensure that you reported that you were fit for work on the Friday, as this was a Bank Holiday obviously you could not do this, therefore the companys sick pay scheem would come into force.

You really need to get a copy of your contract of employment, if it states that you are not paid for sickness then they dont have to pay you for a Bank Holiday, however if they do have one and they do pay sick pay to staff who are off then they must pay you, under employment law they can not count bank holidays as part of your anual leave and must also give you 4 week plus the Bank Holidays and these all must be fully paid
 
If you said you were sick on the thursday or gave the impression that you were sick, then you would have had to ensure that you reported that you were fit for work on the Friday, as this was a Bank Holiday obviously you could not do this, therefore the companys sick pay scheem would come into force.

You really need to get a copy of your contract of employment, if it states that you are not paid for sickness then they dont have to pay you for a Bank Holiday, however if they do have one and they do pay sick pay to staff who are off then they must pay you, under employment law they can not count bank holidays as part of your anual leave and must also give you 4 week plus the Bank Holidays and these all must be fully paid

I'm sorry but you are incorrect UK Holiday entitlement is 20 days total bank holidays do not come into the question, lagally if you want a bank holiday off work you need to book it off as holiday counting against you 20 days. That is bassically the Law but many companies give bank holidays inaddition that is their choice a company that does not is not doing anything wrong. In the same way I give my staff 10 weeks paid holiday a year just because other companies don't does not mean that they are acting illegally
 
Hmm, one other thing that you should remeber is that a you may well have agreed to a a 'verbal' contract, when you accepted the job. If they outlined hours of work, holidays etc at that time, then that can be said to form a contract.
I remember in my yonuger days, when I was hourly paid, then if you had time off the week before a bank holiday, then you didn't get paid fo the day off.
Also, as stated several times, an employer does not have to pay you for a bank holiday (over and above your holidays). So if you have 20 days per year and there are 5 bank holidays per year, then you can actually only book 15 days off as holiday, if you wish to be paid for your bank holidays.
In your position I would carefully study any offer of employment letter you got & also think carefully about what was said at your interview/appointment.
 
it's a hard one, contact the citizens advice for information, they helped me sort out a case similar to you a while ago.
 
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