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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47335
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work Monday Tuesday Wednesday. The company is open Monday.

Resolved Question:

I work Monday Tuesday Wednesday. The company is open Monday. To Friday and closes every bank holiday I have no choice in taking these days of can I be made to take them out of my four week holiday entitlement?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you mean can you be forced to take bank holidays as part of your holiday entitlement?
Customer: replied 2 years ago.
Yes I get bank holidays deducted from my leave so next year because Christmas and new year fall on day I work they take them off my holiday which will leave me with 9 day I can choose to take for myself which is only 3 weeks but people in the company who do not work bank holiday day get them added on to there annual leave so some people get to take choose a 5 week break from work
Expert:  Ben Jones replied 2 years ago.
I am afraid this is perfectly normal in employment. The law allows a full time worker to take a minimum of 28 days holidays a year. What employers usually do is include all 8 bank holidays as part of that allowance and then the remaining 20 days the employee could take as and when they wish. However, under the Working Time Regulations employers have the legal right to force employees to take part of their holidays on days nominated by the employer. All that is needed is notice twice as long as the holiday to be taken. So if you are asked to take one day off on a bank holiday the employer only needs to give you 2 days’ notice to do so. Alternatively they can just include this requirement in your contract and then the notice would be met anyway.
The only way to challenge this would have been if you were treated differently to full time staff because you would get protection for being treated detrimentally for being part time. However, you are comparing yourself to other part time employees so cannot use that argument.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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