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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 11251
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed courier working hermes on

Customer Question

I am a self employed courier working for company hermes on a contracted out basis. The days we work are Monday to Saturday and are paid for the number of parcels we deliver We normally don't t work bank holidays. But now they have started Sunday deliveries and also want us to work Easter mondays . I don't want to do this and in my contract is stated working Monday to Saturday how do I legally stand on this issue. Can they make me work these bank holidays. We normally have to find cover when we don't work but nobody wants to cover my delivery rounds on bank holidays. Yours Sincerely Sue
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does the contract say anything about working bank holidays? Also is there a notice to terminate the contract and what is it?

JACUSTOMER-zvikf2k4- :

There is nothing in the contract to say we have to work bank holidays. I don't think there is anything in the contract to that effect

Ben Jones :

In law a bank holiday is treated in the same way as a normal working day – there is no right to take bank holidays off or to receive any extra pay for them. Many employers decide to offer these as days off or pay extra just as an incentive to staff but that is entirely up to them. So just because a day happens to be a bank holiday does not mean you can refuse to work it or ask for any better terms for working it.

Your rights will be determined by the contract you have in place and the working days and times that have been agreed. In your case you are contracted to work Mon-Sat so you can be asked to work any of these days, whether they are a bank holiday or not. The only issue here is that you are also asked to work on Easter Sunday. As Sundays are not days contracted for you to work on you can technically refuse to work on a Sunday. However, as you are self employed you are not protected against unfair dismissal so if the employer does not like your attitude and sees you as inflexible, they could legally terminate your employment by giving you the contractual notice period you are entitled to. So it does depend on how seriously they see this and if they see you as being a problem employee by refusing to work on a Sunday, even if it is not in your contract.

Ben Jones :

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

JACUSTOMER-zvikf2k4- :

I don't see how this applies to me as they say it is my own business and they supply me with work when available on a day to day basis. I am on contracted work with them and if I refuse to work bank holiday mondays could they legally terminate my contract

Ben Jones :

it does apply to you because you are a contractor and as such have no protection against unfair dismissal, which means they can easily (and legally) terminate our contract at any time if they are not happy with th work you do, even if you do not do shifts that you are not contracted to do. All they have to do is issue you with the contractual termination notice stated in your contract

Ben Jones :

does this explain things a bit more for you?

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

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