Small businesses that refuse to give their staff time off or pay over the upcoming bank holidays could find themselves hauled in front of an employment tribunal, a law firm has warned.
Associa said that although employees have no statutory right to not work on bank holidays, employers should be aware that they could be taken to court by unhappy staff if they deny them a day off.
The employment law firm said that in industries where bank holiday entitlement is worked out through customs and accepted practice, such as manufacturing, bosses should be careful not to upset employees by making them work through their entitlement.
Associa also pointed out that, under UK law, part-time staff are not allowed to be treated less favourably than their full-time counterparts – including on bank holiday entitlement.
Mark Thompson, legal team leader at Associa, said that firms who deny staff their bank holidays could be taken to court.
“Although employers have the right to count bank holidays as part of the four weeks minimum annual leave requirement, those firms suddenly stopping their staff’s extra bank holiday entitlement could find themselves facing difficulties.
“Even where entitlements to bank holiday leave and pay are not explicitly written down, they may be implied by industry custom and practice.
“Tribunals are likely to rule against any firm taking away an employee’s bank holiday entitlement if it is well-established, certain and well-known,” he said.