# forced to work bank holiday



## salaried (4 Apr 2011)

This query is on behalf of a friend of a friend. She has been told she has to work the saturday and the bank holiday monday of the easter weekend, She is working through an agency and is afraid to question this, Her normal shift would be weekdays only. It might be part of her contract but she is afraid to ask, In short can she be forced to work out of her normal hours. Probably an impossible question to answer not knowing what her contract entails, Just wondering has anyone come across this situation before, Regards Salaried.


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## mercman (4 Apr 2011)

Of course others have more than likely being in this dilemma. But and a very big but, is the fact that there is so much unemployment out there and the difficulties that so many are having to endure. 

If I was the friend of the friend I would shut up and thank the employer for offering her the opportunity of being able to work over the holidays.


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## Diziet (4 Apr 2011)

She should at least understand the terms of her contract, so read through it first and then ask the question if necessary. Why is she afraid to ask why she is required to work the weekend, when her normal working pattern is weekdays? Is there an overtime payment involved?


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## Boyd (4 Apr 2011)

mercman said:


> Of course others have more than likely being in this dilemma. But and a very big but, is the fact that there is so much unemployment out there and the difficulties that so many are having to endure.
> 
> If I was the friend of the friend I would shut up and thank the employer for offering her the opportunity of being able to work over the holidays.



 a recession doesnt mean an employee should be delighted to work two extra days on bank holiday weekend, with no mentioned of being paid, in original post anyway.

This "should be delighted to have a job" spiel can get tiresome at times....


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## fizzelina (4 Apr 2011)

mercman said:


> If I was the friend of the friend I would shut up and thank the employer for offering her the opportunity of being able to work over the holidays.


 
Sorry mercman but this is not exactly answering the question?? telling her to shut up is hardly helpful and not every person who has a job is obliged to be so grateful to have it that they can't question their employer. I work weekdays too, so if my employer tells me to work the Easter Sat and Monday am I supposed to say Ok without checking why and what the extra benefit is just because I am lucky to have my job? 
OP - your friend should ask the agency why her usual work days are being changed and what overtime or days in lieu she would get. Also she may already have decided she doesn't want to do it since she doesn't usually work weekends and made plans and so she should not be afraid to say that. Basically I don't agree she should "shut up".


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## onq (4 Apr 2011)

salaried said:


> This query is on behalf of a friend of a friend. She has been told she has to work the saturday and the bank holiday monday of the easter weekend, She is working through an agency and is afraid to question this, Her normal shift would be weekdays only. It might be part of her contract but she is afraid to ask, In short can she be forced to work out of her normal hours. Probably an impossible question to answer not knowing what her contract entails, Just wondering has anyone come across this situation before, Regards Salaried.



Its an impossible question to answer without knowing the contract details.

It seems she has been told in good time and unless she has family  committments - as opposed to go-away-with-friends-and-have-a-good time  committments - what's the problem?

If she is working through an agency she should immediately seek  clarification of her position in relation to payment and altered working arrangements - this business of "I am too afraid to  ask" doesn't wash.

I worked in an architects office for many years, junior and senior and I seldom got a June Bank Holiday off - there was always something to get nailed before the Builder's Holidays.

Of course, some people seem to have the knack of plotting holidays to link extended terms of days off together - quite legitimately.

I have never been able to do it 

ONQ.


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## Leper (6 Apr 2011)

If the employee here works in a call centre, it is likely that the contract covers 7 days per week cover all year round and working bank holidays would be included.

I dont agree with this type of contract but there are those who exploit every avenue. Usually, the people who formed these contracts never work any Saturday, Sunday or Bank holidays and will have their holidays during July and August while the great unwashed will have holidays off peak.


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## Bronte (6 Apr 2011)

She's working through an agency so presumably is not permanent and can be let go at any time and in those circumstances she should just do the work and be happy to do so.  If she refuses or causes a fuss the employer has many other choices out there and those are the realities of life now for many employees so there is no point sprouting rules and regulations. 

Going forward when there is another weekend like this that she doesn't want to work she should well in advance notify that for x reason she will not be available giving the agency and employer plenty of advance notice.  I imagine the fact she's hired through an agency is to give the employer flexibility part of that being they can get her to work on bank holiday weekends when the other employees will not.


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## 26cb (6 Apr 2011)

It is not unusual to use agency staff to cover for a holiday period to allow  perm staff to take the bank holiday off. The T&C's are with the agency I would imagine.


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## Deiseblue (6 Apr 2011)

The Agency worker in question under employment law is entitled to a written statement from the employer setting out the main details of such employment.

The employer is deemed to be whoever pays the wages - the Agency or the user company.

Based on that info they can then evaluate the position re Bank Holiday work.


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