Right need your opinions, help ladies.

The company I work for is now part of "another company". Everything is as one company except the payroll and accounting as this will be combined over time.

anyway, the employees on our contract (not TUPE) the contract states that any employee that works a public holiday is entitled to be paid double time.

The contract also states they are entitled to 28 days holiday a year.

Now HR are umming and arring saying we need to check with the client first to see if they will pay double time or we'll be out of pocket.

Now out of our 500 employees on (my two weekly payroll) about a quarter of theses will be working this day. the others will not be working as the store/site will be closed.

To Note: in their contract it states that they are not paid for a bank holiday if the store/site is closed. They can choose what days they wish to use thier 28 days for. (i.e. some companies will pay all 8 bank holiday, or a day in lieu if you work it. The you'd have 20 days holiday on top to do with what you wish). Anyway our company gives you the choice to use the days where and when you want. so if you want to be paid for a not working BH then you need to submit a holiday form.


any way back to my question. I contacted ACAS this morning as there have been E-Mails flying about regarding this. they said from the contract we hold they are entitled to the double time regardless as we say all public/bank holidays and the ones that are to be paid are not listed.

so i informed our HR nicely and they said it's not that simple they need to ask the client.

I know whats going to happen they'll find out i'm right, tell me what to pay or do and nothing will be said on the matter.

Anyway if i am wrong can you tell me please!!!!!!! am i missing something

Looking at it from a HR point of view it sounds like you are completely right and they have to pay it for those who work it just as they would any other bank holiday.

I am guessing that the problem is that when they priced their contracts with the client they didn't know about this so the cost isn't accounted for in the contract price. They are probably planning to ask the client to pay the extra to cover the extra pay and if the client says no they will try not to pay it because it will have to come out of their profit on the contract.

It is a difficult one because the client could be awkward and say no the contract price is the contract price or they may be willing to negotiate to cover some of the cost. It will depend on the client, the contract, the relationship and how crappy the buyer is feeling the day they ask

I am a kind and considerate buyer so I would be willing to discuss it and probably pay something towards it if the supplier (your company) was also willing to take some of the cost and make savings elsewhere to minimise the cost to the client.

I agree with Gill, if thats what the contract says then they cant back out of it now, and at the end of the day if any of them took it tribunal it would go in favour of the employee cos thats what the contract says.

As for who pays - well that surely depends on the contract between the client and 'your company' if the contract says they will provide staff for 8 bank holidays then they are within their right to request more money (or refuse to provide staff lol)...thing is I doubt when the contract was done did anyone think that a blimin royal wedding would turn into a bank holiday So probably down to the goodwill of the client!