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Forced to Work Bank Holidays / Overtime

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  • Forced to Work Bank Holidays / Overtime

    Hi,

    I work for Asda, contracted to two days per week (not a Monday) - 12.5 hours per week.

    Our store has recently been forcing everyone to work bank holidays, regardless of whether or not they are contracted to the day (normally a Monday). So far, I have worked all of the bank holidays this year - and its only these Mondays that I've worked.

    The policy (available here: https://everyonebenefits-asda.com/pd...20Holidays.pdf) states:
    Such colleagues may, if requested, be required to work potentially all of the customary holidays each year, irrespective of whether or not they are contracted to work on the days on which customary holidays fall. In normal circumstances, the expectation would be no more than 3 customary holidays each year
    Does the "normal circumstances" clause make a difference to my requirement? Or is it tough luck?

    Thanks in advance
    Tags: None

  • #2
    Re: Forced to Work Bank Holidays / Overtime

    It is tough luck am afraid - The wording "normal circumstances" basically means if they don't have enough staff willing to work bank holidays, either due to staff taking it as holiday entitlement or staff shortage in general, you would contractually be required to work the bank holiday if requested to do so.

    Though are you being paid the extra hours?
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    Comment


    • #3
      Re: Forced to Work Bank Holidays / Overtime

      Originally posted by teaboy2 View Post
      It is tough luck am afraid - The wording "normal circumstances" basically means if they don't have enough staff willing to work bank holidays, either due to staff taking it as holiday entitlement or staff shortage in general, you would contractually be required to work the bank holiday if requested to do so.
      Agreed. Also agree you should be paid for the extra hours you work.

      Also note your statutory holiday entitlement (see www.gov.uk/calculate-your-holiday-entitlement/) which, at 12.5 hours work per week, equals 70 hours holiday per year.

      Comment

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