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People are often shocked at the legal position on bank holidays…

22nd Jun 2018

Non-employment law specialists are often surprised at the actual law regarding bank holidays in the UK. Here are some important and interesting things to note on the law in this area.

The UK normally has 8 bank holidays per year: New Year’s Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, Late Summer, Christmas Day and Boxing Day. Occasionally extra days are granted such as the Royal Wedding in 2011.

People are often shocked that there is no statutory right for employees to take bank holidays off work. The right to take time off on these days depends on the employment contract (and/or staff handbook). This is one of the many reasons why it is important to carefully draft contracts of employment to make the position on this, as well as other issues, completely clear.

If an employee is required to work on bank holidays then the employee usually cannot refuse to work, even for religious reasons. However, this should be approached with caution as a refusal to grant Christian employees time off for any of the bank holidays with religious significance (such as Christmas) could amount to indirect religious discrimination if it places them at a particular disadvantage when compared with employees of other or no faith.

When an employee does work on a bank holiday, there is in fact no statutory right to additional pay, such as ‘double pay’ or ‘time and a half’. This is often very surprising to those unfamiliar with the law in this area. Again, the right to extra pay depends on the terms of the contract of employment, staff handbook or custom and practice of the organisation.

You should carefully note that a part-time member of staff has the right not to be treated less favourably in comparison to a full-time staff-member. This would include entitlement to bank holidays. The usual approach is to give an allowance of paid bank holidays on a pro rata basis to part-time employees.

Please contact Hina Belitz on hina@partnerslaw.co.uk / 02073746546 to find out more.

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Individual Client

Employment Law Seminar 18th June 2014 – A very interesting session with good speakers covering a range of topics

Julie Fisher-Jones, Parliamentary & Health Service Ombudsman

10th September 2014 Discrimination From the Inside Out Event – “I’ll take this opportunity to say what a great seminar it was and that the passion and knowledge of professor Livingstone was truly inspiring.”

Florentina Pascaru, HR Coordinator, Central & Cecil

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Remziye was very helpful in clarifying my legal position in the debate with my employer over redeployment vs. retirement vs.  redundancy.  Even though we work on opposite sides of the world and in different time zones, she always responded to my queries, quickly absorbed the volumes of data on company policy and procedures which I sent her and promptly provided me sound practical advice to help achieve my objective.  The whole tone of the conversation changed when my employer recognized that I had engaged professional outside help and there is no doubt in my mind that without the intervention of Partners Employment Lawyers, the debate would have been more protracted and likely more contentious.

Their charges were very reasonable and in any event the cost is more than covered by the outcome. I would have no hesitation in recommending Partners Employment Lawyers to any employee who found him or herself in a similar position.”

Individual Client

Employment Law Seminar 6th March 2014 – The two lady speakers were great. It was really helpful having questions from the floor and they both provided really helpful case studies of the recent cases they worked on. Overall to cram all that information in just two hours, it was a good event and would like to attend more!

Chetna Kerai, NatCen Social Research

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Eileen Flatley

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Fran Ryba, HR Consultant, Fran Ryba Consultancy Ltd

Thank you so much for all your help and advice. It was nice dealing with someone who honestly cared

Kylea Jarrold

Since Hina’s training day we have reduced absences by 60%

Mark Jackson, Seebord

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They dealt with the case really well and made me feel calm in a difficult time for me.

They were able to sort out the case quickly and were able to offer me some good advice along the way.”

Individual Client

The Employment Law Seminar on the 18th June 2014 was very informative and relaxing, thank you.

Kerrie Smith, HR & Office Manager, John Brown Media

A special thanks to Hina Belitz for her interesting talk on what we must take into account before employing someone at any level. She carried us through what could be a “heavy weight” topic with such ease that we could have listened to her for hours!

Marilena Narbona – The Athena Network

I could not have hoped for better assistance and expertise in resolving the recent issue around my employment than I received from Partners Employment Lawyers.

In a very stressful and unfamiliar situation for me, I was extremely grateful that Partners Employment Lawyers understood my situation quickly and perceptively, and then worked hard to secure for me the outcome that I desired.

The firm displayed a level of professionalism and sensitivity to my personal situation that I appreciated and will not forget.

At all times the lawyers were mindful of the result I desired. As the matter progressed they explained to me clearly and in balanced terms the likelihood of achieving that outcome.

I appreciated Partners Employment Lawyers also giving me thoughtful advice on other, broader points relevant to my future employment, which I now understand it was important to make clear as part of a successful outcome. Without reminding me of these, my longer-term interests, I could easily have thought about only the immediate problem at hand, which I now see would have been ultimately to my detriment.

Partners Employment Lawyers spoke with me from a more holistic perspective on my employment future than I was able to take, which this was an immense benefit to me. Giving me a calm and encompassing perspective at such moments was, itself, an immense relief to me, as was simply having someone on my side.

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Great Employment law update – Thank you.

Raffelina Huber, Associate Director, Central Eastern CSU

You have been affable and extremely efficient from the minute I met you. I cannot thank you enough for everything you have done for me. A million thanks once again.

Saleh Abdulrahim

“Partners came on site to deliver a session on managing redundancies…their delivery was clear and was easily understood – there was certainly no confusing legal speak or jargon that we had to get our heads around. Partners are highly recommended”

Company Training Client

I have been using Hina’s Penguin Guide and it’s fantastic

Danish Ahmad – (Chamber of Commerce)

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I am very grateful to Remziye for all her help and would not hesitate to recommend Remziye to my friends and family.”

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A short note to say I found you and all my dealings with the company highly professional; it was a pleasure ( under the circumstances) doing business with you. You took care to listen to the detail of the case,  take it on board, build a relationship with me and the aggressor , and come to a final and acceptable agreement swiftly.

Individual client

“Hina, thank you very much for yesterday’s employment law seminar, it was extremely informative, skilfully presented in a professional and ‘HR friendly’ manner.

 I was particularly impressed by you and your team as all of you communicated your respective knowledgeable and experience in a pragmatic way, which, in my personal experience is not always the case. I have attended other legal firm’s seminars and although the content is usually good it is frequently presented using too much ‘lawyer speak’, often assuming the very worst outcome including extreme escalated litigation, which for the majority of cases is not the most likely outcome. I realise that we as HR practitioners, need to be aware of worst case scenarios but sometimes there is too much emphasis on this. “

Suzanne Prince, HR Contractor

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I do not believe that we would have been able to resolve this matter without your involvement as legal advisor.

Great work and successful outcome.”

 

Tom Dyson

‘Hina, you’re a superstar!!!’

Rory Kindlon

Thank you for all your great work on the tribunal. I am pleased with the outcome and continue to hold my breath and hope that XXX can move on.

Chief Executive of City Company

Very useful, thank you – more time needed

HR Administrator attendee

I have worked with Hina Belitz on numerous complex employment issues within our business. We have an open and consultative relationship which ensures risks are addressed in a consistent manner. This has led to the honesty and openness I rely on to make key strategic decisions for the business.

Di Milliard, Head of Human Resources & Recruitment Business Monitor International

Thank you. The service I got from you it was excellent.

Akin Akinyemi

Hina and Remziye recently delivered employment law sessions to our London management team which focused on a range of key employment law issues. Feedback was that the sessions were excellent, informative and well presented. They discussed not only actual case law but also advised on company-relevant scenarios, based on their knowledge of our internal policies and procedures.

 

 

 

HR Department, Euromonitor International Ltd.

‘Made me laugh when I should have been crying’

D Rudich

The Penguin Guide to Employment Rights will help management and workers alike to navigate this increasingly complex and important area of law

Cherie Booth

The Employment Law Seminar on the 18th June 2014 was professional, informative, practically interactive and enjoyable. Lovely venue – calm & helped the acoustics. Thank you.

Suzanne Prince, HR Consultant, Osram

The update has been informative and concise with a excellent amount and choice of subjects covered. High attendance alone shows how valuable we all find these sessions. Partners are streets ahead of new laws, legislation and regulations where little to no case law exists.

Yvonne Mathurin – Head of HR – Aukett Swanke Ltd – Afternoon Update 14/09/2017