Am I entitled to an additional day off if my rest day falls on a bank holiday?

Question

I work fulltime as a beautician but I have no written contract of employment. Traditionally we work on Saturdays and take Mondays off instead. This means that every bank holiday Monday I am off anyway as it is my rest day. Am I legally entitled to another day in lieu of the bank holiday ?

Answer 1

If you have no written contract, you have no immediate rights as an employee.

I'd try to talk to my boss about this, as it sounds a lot like he's treating you as "casual labour" which means he's evading paying tax on your behalf, and the money he's paying you hasn't been declared as taxable income.

My own contract has my holidays, salary, benefits, tax arrangements and pension details in it. I find it inconceviable that you have no contract so the first thing I'd do is check with Citizens Advice.

Answer 2

Only bank workers themselves are entitled to bank holidays. For all other workers there is no automatic right to take bank or public holidays as paid or unpaid leave. Any right to do so depends on the terms of your contract. There may be express terms giving you a right to time off on some or all bank and public holidays, or there may be terms implied by custom and practice. Another point worth noting is that although the Working Time Regulations give you a statutory right to 20 days holiday a year, unless agreed otherwise, paid time off on a bank or public holiday will count towards the 20 days, so you may find that up to eight eight days’ leave is swallowed up by bank or public holidays

Answer 3

If you have been employed for more than 13 weeks you should have a contract of employment.
Sadly many employers now say 5 of 7, meaning weekends, bank holidays and common holidays just count as a day.

Answer 4

Not necessarily. Your days off are prescribed by your employer. Some people work 7 days a week regardless of holidays.

When you signed on to work for your employer, you agreed to your terms of employment.

Be careful if you choose to fight for your "entitlement" to an extra day off... you may end up with 365 days off (being fired).

btw, I wouldn't compare your holidays to bank holidays... EVERYBODY knows that banks and government employees get ALL the holidays off.

I don't think ANYONE else in the U.S. gets as many holidays as bank and government employees do.

Answer 5

I asked this about a friend recently, and was told by her boss that she was not entitled to it. It really does depend on your terms and conditions - and you should make a point of getting these. If you don't then you do not have a leg to stand on if the boss starts altering your job description, hours, wages or whatever. I used to work in retail and I would get a day in lieu but it really does depend on the employer and the nature of the business.

Answer 6

I would say that depends on your boss. You're not working for Uncle Sam or the bank here. Legally Entitled gets kind of messy when you're dealing with these types of jobs.

I would say NO, but it's up to your supervisor or boss.

Good Luck!

Answer 7

Why, I do not get the same days off as the bank. Each private business can choose what holiday employees gets. If employees are paid for a holiday and that is your day off, you still should be paid for it.

Answer 8

I think that you are but it depends on the hours you work on your normal days. If your working hours do not meet the required 40 hours a week (with one hour per day in unpaid breaks) then you probably do not. Hope this helps. Your best bet for a legal answer to this is to call your local Citizens' Advice Bureau.

Answer 9

Yes

Answer 10

No.
Correction. Having read your question again the answer is maybe, it depends on what agreement you have with your employer. No one is automatically entitled to so-called bank holidays, to think of them as statutory holidays is wrong.