I have been offered a full-time job working 40 hours a week, but I was told at the interview that in a week with a bank holiday that I would have to work my 40 hours in the other four days. Is this legal – it means that I’m not getting paid for the bank holiday? My holiday is 20 days plus bank holidays.
The starting point would be to refer to the terms and conditions listed in your contract of employment. I appreciate you are yet to receive this, but generally speaking, this document should give the details of your normal working hours and also list your holiday entitlement, including entitlement to any public holidays.
Under the Working Time Regulations 1998, a worker in the UK is entitled to 5.6 weeks’ annual leave each leave year. This is equivalent to 28 days for those who work five days a week – which matches what was said in the job advert. This can include bank holidays, but does not necessarily have to.
If the business is closed on bank holidays or public holidays then it is foreseeable that the contract will state this and that these dates will be classed as part of your annual leave entitlement. If this is the situation then you should not be required to make up hours for time spent on annual leave.
I would suggest that you ask for a copy of the contract of employment prior to your first day so you can clarify the situation before starting work. If you are still unsure once you have reviewed the contract then I would recommend you get further legal advice. An employment solicitor would be able to go through the terms and conditions of your contract with you in order to clarify the position.
Should you require any further clarification on the above points then please do not hesitate to contact Tracey Guest on 0161 672 1425.
*Helen Frankland has assisted with this answer.