# Good Friday Pay...?



## The Pool Boy (22 Mar 2010)

Hi - I've been asked to look into this.

If a business by law cannot open on Good Friday, what is the position for full time staff who normally work a 40 hour week.

I know Good Friday doesn't carry bank holiday entitlements, but what are the entitlements if there are only 32 hours work available in that week to an employee who normally works 40 hours over a week, but is paid on hourly rate.


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## fizzelina (22 Mar 2010)

presume you mean a licenced pub? as otherwise why can't the business open by law on Good Friday? In my previous job in an office the company closed on Good Friday and enforced a holiday day for all employees. In other words you had to take the day off and it came out of your 20 days holidays. So presume in the case you give, the employee could be paid for Good Friday as he would with a holiday and his holidays would then be reduced.


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## Brendan Burgess (22 Mar 2010)

I would imagine that it is practice in the industry to make people take Good Friday off as one of the annual leave days.

Just like builders tell all staff to take the first two weeks of August off.


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## Latrade (22 Mar 2010)

Most bars I'm aware of have Good Friday and Christmas as their compulsory annual leave. However, I'm not entirely sure they have to given that it isn't specifically designated as protected leave.

The difference being that this is a state enforced closure of a business (where no other business is similarly closed), it isn't just a matter of you can stay open but not serve alcohol, the place has to close. I know in a couple of cases of enforced temporary closure for other reasons the business hasn't had to pay employees.


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## jack2009 (22 Mar 2010)

How did the business treat such days in the past?  Whould this not have set a precedent?


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## Purple (22 Mar 2010)

We close on Good Friday. It's a days annual leave.


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## Latrade (23 Mar 2010)

jack2009 said:


> How did the business treat such days in the past? Whould this not have set a precedent?


 
That would be the key consideration. While the state forces the closure of the business and so the shut down isn't protected leave, if this has been given as annual leave or paid leave in the past, it would be difficult to enforce it as unpaid leave now without the agreement of the staff.



Purple said:


> We close on Good Friday. It's a days annual leave.


 
In this case it's different though, the state forces the business to shut on Good Friday rather than it being at the discretion of the employer.


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## Purple (23 Mar 2010)

The state forces the business not to open to the public but could the staff (in theory) not be doing something else?


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## Latrade (23 Mar 2010)

Purple said:


> The state forces the business not to open to the public but could the staff (in theory) not be doing something else?


 
The question is whether that's fair on the employer. The state singles out one particular business type to be closed for business two days a year, not even open for other aspects of trade such as food and soft drinks. Yet its competitors like Off Licences and Supermarkets can remain open for other trade as can hotels and restaurants. 

So it takes away two days revenue from the employer with no means of getting it back (also add in given that many people would be off work on the friday, the pubs have to close early on the thursday also missing out on good trade from 12-whenever), it can't also be expected that staff are paid for the time when the business is closed. Or that additional duties are arranged to pay the staff for when the only source of income is closed to the employer.

Most bars I know do give it as annual leave, as such this would be the custom and practice and if they wish to change that arrangement they'd have to be careful. However, there is no statutory requirement to say it must be paid leave.


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## fobs (23 Mar 2010)

We used to have to take good Friday off (and lose a days holiday) now we can either work it or lose a days holiday if we take it off.


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## Purple (23 Mar 2010)

Latrade said:


> The question is whether that's fair on the employer. The state singles out one particular business type to be closed for business two days a year, not even open for other aspects of trade such as food and soft drinks. Yet its competitors like Off Licences and Supermarkets can remain open for other trade as can hotels and restaurants.
> 
> So it takes away two days revenue from the employer with no means of getting it back (also add in given that many people would be off work on the friday, the pubs have to close early on the thursday also missing out on good trade from 12-whenever), it can't also be expected that staff are paid for the time when the business is closed. Or that additional duties are arranged to pay the staff for when the only source of income is closed to the employer.
> 
> Most bars I know do give it as annual leave, as such this would be the custom and practice and if they wish to change that arrangement they'd have to be careful. However, there is no statutory requirement to say it must be paid leave.



My point was that it then means it is reasonable to call it a days annual leave.


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