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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52668
Experience:  Qualified Employment Solicitor
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On signing my contract with Capita Customer Management, it

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On signing my contract with Capita Customer Management, it clearly states that where there is no requirement for me to work bank holidays, this day/days will be taken out of my holiday allowance.The unit/client npower, I work on/for and am contracted to is not open on a bank holiday. However once we had completed training we were informed that any bank holidays would need to be worked back and the day taken at another time. For example. For Good Friday I was made to work four 10 hour shifts Monday to Thursday, then for Easter Monday I was made to work 10 hours Tuesday to Friday. This will carry on for every bank holiday.
I understand that shift patterns can change due to client requirements , but this client is not open.The only explanation that has been offered is that I am contracted to work 37.5 hours.If you could look into this for me I would be very grateful.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So how long have you worked there for?

Customer: replied 7 months ago.
Hi Ben
I am wondering if you can help me with this
On signing my contract with Capita Customer Management, it clearly states that where there is no requirement for me to work bank holidays, this day/days will be taken out of my holiday allowance.The unit/client npower, I work on/for and am contracted to is not open on a bank holiday. However oncewe had completed training we were informed that any bank holidays would need to be worked back and the day taken at another time. For example. For Good Friday I was made to work four 10 hour shifts Monday to Thursday, then for Easter Monday I was made to work 10 hours Tuesday to Friday. This will carry on for every bank holiday.
I understand that shift patterns can change due to client requirements , but this client is not open.The only explanation that has been offered is that I am contracted to work 37.5 hours.

Hi there Alexandra. Please do provide the information requested so that I can assist you with your query. Thank you

Customer: replied 7 months ago.
From January 2018
Customer: replied 7 months ago.
I started in January 2018
Customer: replied 7 months ago.
I’ve added pictures of my contract for you
Customer: replied 7 months ago.
I’ve added those pictures for you

OK, thank you for your response and for the attachments. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 7 months ago.
I’ve forgot to add the bank holiday part Ben to the attachement so you can review this I’ll add it now
Customer: replied 7 months ago.
Attached the part Which was missing, thanks
Customer: replied 7 months ago.
I need to show you this too paragraph 6‘Your normal working hours are 37.5 a week’  This 37.5 would include paid leave of any type.
Capita can only reserve the right to 37.5 hours as we have not opted out of the Working Time Directive.  If we then work an extra 7 hours this takes our hours that week to 44.5 hours.  Which means we would have to opt out of the Working Time Directive and be paid the extra time as overtime. 

Many thanks for your patience. I have now had the chance to review the documents you provided. I will also need clause 11 though, which has been clipped out – could you please provide a copy of that?

Customer: replied 7 months ago.
I’ll attach more now thank you Ben I’ve tried mentioning the above about the working time directive and my manager says it’s a load of crap files attached

Just to explain about the WTR – this only limits the maximum number of hours per week to 48, unless you have opted out of it. It does not mean that if you are contracted to work 37.5h a week, you cannot be asked to work more than that. Also the 48 limit is average, calculated over 17 weeks. So you could even be asked to work more than 48h sometimes, as long as the rolling average over 17 weeks is less than 48h.

Customer: replied 7 months ago.
Does this mean we have to work back our bank holiday then when so ie have it off because the unit is closed we then have to work this back Tuesday weds thur fri 10 hours for each day but the client is closed

That is indeed possible. Basically, you get a minimum holiday allowance, under law or contract, whichever is greater. In your case you get a total of 30 days. The distinction between normal days and bank holidays is not that important in law, because they all get treated the same. The important thing is how many days’ holiday in total you get a year, which is the amount they need to allow you to take and get paid for.

If on bank holidays they do not need you to work, they do not have to give them to you off as holidays and can indeed ask you to make up the hours elsewhere. The important point is that they cannot then take that day off your holiday allowance and must save it and allow you to take it another time.

Also, the issue is what you can do to challenge this, which in your case is not much. That is because the only way to actually take any legal action is to resign and claim constructive dismissal by arguing the employer has committed a serious breach of contract. However, the catch is that you need 2 years’ service to do this so in your case you are not actually protected. The only other claim you can make, which disregards ***** ***** to claim if your employer has taken away your day’s holiday for a bank holiday and then asked you to make up the time elsewhere. As long as they allow you to take that day another time, there is no breach.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 7 months ago.
Thanks for looking into that for me that’s not a problem thanks I just needed clarification on the contract as Capita have been so bad of late with other issues so thanks for your help Ben

You are most welcome and all the best

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