If an employee does not attend work on a bank holiday, and it explicity states in their contract that they are entitled to annual leave in addition to all customary public/ bank holidays – BUT their line manager has classed this as unauthorised absence as the manager expected the employee to work the bank holiday as per ususal shift pattern (altough no evidence exists to suggest this was communicated to the employee), and in previous years the predecessors to the role have never worked a bank holiday. The employee is claiming it is custom and practice for this particular role -holder not to work bank holiday. The manager wants to suspend pay and possibly discipline the employee, but as HR I believe the employee has done nothing wrong as they were not told to work the bank holiday and custom and practice is established and the manager is aware of this. Would you agree?
Steven Richardson

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