Business closed tomorrow (Wed)

[Le Chat]

My part time job consists of 2 dys per week, namely Wed and Friday. I have been there for 3 yrs.
My employer has closed the business (Beauty Salon) tomorrow (Wed) for no other reason than she expects Jan 2nd to be a quiet day and not worth opening. However, where does this leave me and my colleague who work on a Wed. We are both able (and willing!) to work. I doubt very much that our boss intends to pay us but surely, it should not affect our pay, as it is not a bank or public holiday?
I have looked at various websites but there is nothing that fits this situation exactly! There is nothing in our contract regarding the close of business on non-holiday days.
Can anyone help?

[Buenchico]

If your employer closes the business on a day when you would normally work, you should be paid for that day but your employer can count the day as part of your statutory holiday entitlement.

Your statutory annual holiday entitlement is 4.8 x 2 days = 9.6 days. If we ignore the awkward 0.6 of a day for the moment, that gives you just 9 days paid holiday. Fortunately, you don't work on Mondays, otherwise your holidays would almost all be fixed as public holidays, allowing you very little leeway for negotiation with your employer, regarding other days off.

You should ask your employer to give you a list of all Wednesdays and Fridays, throughout 2008, when she expects the salon to be closed (and which will therefore count as part of your paid holiday).

At a guess, she'll probably list the following:
Wed 2 Jan
Fri 21 March (Good Friday. NB: The salon is not obliged to close. Public holidays have no special significance in employment law. Your employer can require you to work, for normal pay, if required).
Wed 24 Dec (Christmas Eve - probably little trade)
Fri 26 Dec (Boxing Day)
Wed 31 Dec (New Year's Eve - probably little trade).

If your employer follows the pattern above, you'll be left with just 4 days paid holiday 'to play with' . If she also closes the salon for 2 weeks, while she goes on holiday, that will also fix the dates of those 4 days.

Make it clear to your employer that you're asking about the dates upon which you'll be getting your statutory paid holiday. If your employer closes the business on additional dates, she'll effectively be 'laying you off'. Under most circumstances, anyone who is laid off should still be paid:
http://www.direct.gov.uk/en/Employment/Employe es/RedundancyAndLeavingYourJob/DG

[Buenchico]

You should ask your employer to state what she intends to do about the odd 0.6 of a day's statutory holiday. Her options are here:
http://www.berr.gov.uk/employment/holidays/faq /index.html#twfive

Chris

[starmack]

Re: answer above

Surely PUBLIC holidays - DO have a significance in employment law. They are a statutory entitlement in must European states.....

It is "Bank Holidays", eg Good Friday March 21st 2008 or any year, which have no real meaning in employment law.....

[Buenchico]

For Starmack:

From the DirectGov website:
"You do not have a statutory right to paid leave on bank and public holidays. If paid leave is given on a bank or public holiday, this can count towards your minimum holiday entitlement. There are eight permanent bank and public holidays in Great Britain.

If you work on a bank or public holiday, there is no automatic right to an enhanced pay rate. What you get paid depends on your contract of employment."
http://www.direct.gov.uk/en/Employment/Employe es/WorkingHoursAndTimeOff/DG_10029788

If Scrooge and Co decide to open their business on Christmas Day, they have every right to expect any employee, who normally works on that day of the week, to work at their normal rate of pay.

Chris

[Le Chat]

Thanks Chris, very helpful.
Kerris