Bank holiday entitlements if business closed on Monday?

[Ollie11]

My sister works in a hairdressers. They are moving from a 6 day week to a 5 day week and will be closed Sunday and Mondays.

Will they still get a bank holiday payment? Should they get one fifth of their average week as a payment?

(They also have no contracts but this is also being addressed)

 

[Salvadore]

Her working hours should be set out in her contract of employment.

If no formal contract previously existed, one can be assumed from the conditions of employment under which she has worked until now. These conditions can’t be unilaterally altered without her agreement.

In terms of public (as distinct from bank) holidays, the legal position is outlined here

 

[Ollie11]

Thanks for your reply

Is this the relevant bit so, business will be closed on Mondays so no one will be rostered to work

“ an employee is not normally rostered to work, then they will be entitled to one-fifth of their normal weekly wage extra.”

 

[Salvadore]

Thanks for your reply

Is this the relevant bit so, business will be closed on Mondays so no one will be rostered to work

“ an employee is not normally rostered to work, then they will be entitled to one-fifth of their normal weekly wage extra.”

You can’t read that extract in isolation of the rest of the provision.

It all depends on the specifics of the contract of employment or, in the absence of a formal contract, the implied specifics of the contract I.e. how things have been done until now

 

[Ollie11]

ah ok, they used to get paid by me fifth of their week if they were not rostered to work that day so that should continue .
I am pushing for her to ask for a contract to formalise things. Hopefully will get one soon.

Thanks for your help