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Bank holidays 2019: These are your rights if you're asked to work over Easter
Four bank holidays are just around the corner
Richard DugganContent Editor (Courts)
Do you know your rights? (Image: iStockphoto)
It's hard to believe we're more than a quarter of the way into 2019 - seriously, where have the past 92 days gone?!
April is here and that means we're right around the corner from a string of bank holidays.
Many of us are looking forward to a long weekend for Easter (Amen) and some are even getting plans booked in for the bank holidays in May.
But do you know your rights when it comes to taking time off or if you boss tells you to work?
We asked the people in the know at BrightHR to answer a series of questions you may have been pondering regarding your rights.
Can my boss make me work on a Bank Holiday?
Despite common misconceptions, employees do not have a statutory entitlement to a day off work on a Bank Holiday.
Whether they are expected to work or not will be dependent on their contract of employment.
As an employer, you can set your own rules on this and may choose to allow staff to be off on certain bank holidays but not others.
Staff who are contracted to work on a Bank Holiday, but wish to take the day off, will be expected to book this as annual leave which means you may refuse this request providing you have a legitimate business reason.
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Will I be paid extra for working on a Bank Holiday?
Do you know what your contract says about working a Bank Holiday? (Image: Dominic Lipinski/PA Wire)
There is also no statutory entitlement to pay your employees a higher rate than usual for working on a Bank Holiday, unless this is specified in their contract.
However, many employers who require staff to work on bank holidays choose to compensate employees by offering enhanced rates such as time and a half or double pay.
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What about time off in lieu?
If an employee is required to work on a Bank Holiday, then an employer must also make sure that they can take a day off in lieu so that they receive at least the minimum of 5.6 weeks of paid leave during the year.
Alternatively, if an employer allows staff to take more than 5.6 weeks during the year, they do not necessarily need to ensure they get a day off in lieu.
Under these circumstances this will depend on their terms of employment or any existing custom and practice.
What about part-time workers?
Part time-workers should not suffer unfavourable treatment when it comes to Bank Holiday entitlements.
However, because most Bank Holiday fall on Mondays or Fridays, individuals who do not work these days could be entitled to proportionately fewer days off.
Therefore, to ensure fairness, many employers provide part-time staff with a pro-rated Bank Holiday entitlement based on the number of hours worked, inviting them to book the allocated time off as they wish.
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What if I call in sick?
Thinking of saying you're ill? (Image: Shared Content Unit)
Although your boss may be suspicious that your calling in sick isn't genuine, they should avoid jumping to any conclusions without carrying out the correct procedure.
Completing a return to work interview will give them a good sense of whether the truth is being told - employers are likely to check to see if it happens in the future.
So maybe not the best idea if you want to avoid disciplinary action.
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