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Craigypops
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Discussion Starter #1
Can any of you legal eagles or HR experts answer me a question?

Without going into too much detail, I know about Statutory holiday entitlement etc, 5.6x5 days and all that bollox but I was reading through some direct gov sites and what not and I know about all the gumf that employers don’t HAVE to give you bank holidays off and all that but what if I don’t want it off. Is it down to the individual employment contract you have that determines if your 8 BH are used out of your 28 statutory or can you say well I’ll work the BH and have my 28 days.

All these sites just seem to re-confirm that your employer does not HAVE to give you time off but none say you don’t HAVE to take them off, if you know what I mean.

Any help, much appreciated.




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I think it may well depend on your contract of employment rather than specific entitlement. In fact it is part of your terms and conditions and should be set out clearly. My mate has to work some bank holidays so he gets 36 days and if he has a bank holiday off it's from his entitlement. If he works a bank holiday he leaves a day in his holiday bank.
Best way is my way, self employed and please yourself.
 

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Agree, it's all down to your contract of employment, most companies stick to basic rights as a guideline but whatever you've signed up for is what you're entitled to.
 

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Craigypops
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Discussion Starter #4
Cheers guys, i thought it would be more or less up to the individual employment contract.

Just strange that there is a lot on info saying the employer has the right to retain 8 days to cover the BH`s because they close but none to say if i have the right to work them and not use them as holidays (but i guess you would have to sort that out before signing a contract)

Some quite interesting information out there that i didn't know actually and i know it's sad but i enjoyed reading up on it.



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I will wash it I promise!
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OI - bugger off reading law stuff!!

thats for us lawyery types to get confused by!

I think the position is as per above but will check with Mrs Z (proper lawyer - I only deal with crims!!) and get back to you!

Z:D
 

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Craigypops
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Discussion Starter #7

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Craigypops
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Discussion Starter #8
I'm pretty sure that if your employer closes on a bank holiday you're stuck with it

but if you told me you wanted to work them Craig I wouldn't argue with you, I'm not that brave :)
I used to like working them, it was double pay :D

This has all arose from them deciding they didn't want me in on a bank holiday as the site was closed but i was told that the company would cover this (not my company but the company who contract me in) but i got nothing in writing and foolishly trusted them. It turns out that the bank holidays i have off come out of my 28 days entitlement so i'm left with 20 days.

When i queried this with the `snake in the grass`, all he did was blab on and try to confuse me and actually started to contradict himself. His argument was that it brought me in line with the company policy of which they take employees hols for BH.

Well, i had a word with the MD`s PA today and she is sure they dont!... the HR officer is off today but i'll be having a chat with her tomorrow to find out if they do infact cover the employees BH and not use their hol entitlements.

It's a weird situation i am in as i do work here for this company but am contracted in and so get paid by a different company but the company with which i am located determines my hours and pay etc... it's very complicated so a lot of the time i'm not sure where i stand.



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