How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I'm a truck driver and as the contract customer we drive for

Resolved Question:

I'm a truck driver and as the contract customer we drive for is working 2 bank hols we have been told these days are being added to the whit week off so we only need to use 2 days of our floating leave and the easter bank holiday is now deemed to be "normal working days" and will be worked at normal rates of pay. The company rule book states that Public and Bank Hols worked are paid at double time plus a day in leiu. Two pages further on in the rule book it states "due to operational requirements the company can move the bank holidays to a time that suits operational requirments". We as drivers are not against working the Bank Holidays but even if the company moves the days it is still a Bank holiday that we are working and as such we should be paid as per the rule book, double time plus a leiu day. Is this within the scope of employment law?
Sincerely ***** ***** Skyba
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello in the end will you still be pod double for all bank holidays in the year or are they effectively reducing the number of bank holidays you are entitled to?
Customer: replied 1 year ago.
we still get the days off at another time of the year which is what we would get if we worked the the bank hols, a leiu day to be taken as and when but by taking that decision away from us they only have to pay ordinary time on a public holiday.
Customer: replied 1 year ago.
we still get the days off at another time of the year which is what we would get if we worked the the bank hols, a leiu day to be taken as and when but by taking that decision away from us they only have to pay ordinary time on a public holiday. If we work those days it will be paid double but the chances of that happening are nil, it is the shutdown period of the contract company we work on.
Expert:  Ben Jones replied 1 year ago.
The issue is that in law a bank holiday has no legal meaning as such. There are several nominated bank holiday days throughout the year but it does not mean that workers should get them off or be paid extra for working on them. A bank holiday is exactly the same as any other working day as far as the law is concerned. According to your terms you get certain benefits for working a bank holiday but they also state that when a bank holiday falls on can be changed as required. So regardless of when the official bank holidays are (which as mentioned are just a guidance not a legal right) your employer could treat one of these days as a normal day and nominate anther day when you can exercise your bank holiday rights. As long as you get the full benefits as per contract throughout the year that is what matters, regardless on what days they fall. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you

Related Employment Law Questions