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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44867
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i work as a refuse collector and we work on bank holidays ,

Customer Question

i work as a refuse collector and we work on bank holidays , in our contracts it states that we are required to work these days and if you require any bank holidays off , a holiday form must be put in requesting which days you do not want to work , a crew member who i work with filled out 5 holiday forms (1 for each bank holiday) , i also requested not to work any bank holidays this year , his holiday forms came back saying that he did not have to work any bank holidays , i on the other hand had all my forms sent back saying that i had to work all the bank holidays , neither of us worked bank holidays last year , when i asked why mine had been rejected , all i was told that they are now only allowing 1 crew member off at a time , surely they should have told us this in writing before making any decision who works bank holidays and who wants to take them as a holiday
yous sincerely Dom
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

How long have you worked there for?

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

JACUSTOMER-dptx2w0v- :

nearly 2 years , its a council contract that goes out to tender every so many years , new company running it

Ben Jones :
OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. Whilst I understand your frustration, the employer has not actually acted illegally in this situation. It is the employer’s prerogative to decide who takes holidays and at what time and there is no late that says here, must be equality where holidays are split amongst employees. The employer can ask all employees to make their requests for time off and whilst morally one would expect to have holidays split between employees fairly, legally they do not have to do so. As such it is entirely possible for one employee to be given the time off they want, whilst another employee has their request refused. Whilst you are able to complaint to the employer internally, even by going as far as raising a grievance, if that is rejected then you would not be able to raise a legal challenge to take the matter any further.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.
Customer: replied 2 years ago.

As its a national holiday , i looked on the government web site and it states that unless you work directly for the government or are working for the emergency services , then your employer has no right to make you work as its classed as over time and you do not have to work over time

Expert:  Ben Jones replied 2 years ago.
Could you please provide a link to the website you refer to?

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