Can my employer do this?

[tipsey]

PLS HELP!

For the last 2 Bank Hol weekends running my employer had decided to close the business from Friday evening till Monday evening, because of the bank hol. I was meant to work both Saturdays and Sundays, which I have been told I must pay back. (a total of 21 hours)

Seeing as I am yet to get a contract, I have no idea where I stand on this matter?

Do I have to pay back the hours that I was willing to work?
But unable to do - due to their decision?

Thanks in advance.

[buildersmate]

I wonder how long you have been there? - within one month you are due a written statement of particulars of employment. This does form part of your contract - although it won't detail enough of your present query to help you - it will (at least it will if done properly) include details of how much holiday you are entitled to. This is the rest of what it should include:
http://www.berr.gov.uk/employment/employment-l egislation/employment-guidance/page16367.html# What%20information%20must%20the%20written%20st atement%20include?
Contrary to what you currently believe, do DO have a contract - its a combination of statutory employment law (which the employer must follow), oral contract (things said to you) and custom & practice (what the employer has being doing before). See here for some confirmation of what I am saying (that you might want to print out and quote at your (apparently useless) employer.
http://www.berr.gov.uk/employment/employment-l egislation/employment-contracts/index.html
So if your employer did this last set of bank holidays and/or has been doing it a while, there's probably not a lot you can do. If this is the first year, it was sprung on everyone at short notice, he's probably in breach of his contract.
What power you have to do anything about it depends - on you, plus how long you have been there. How long have you been there? - outline that and I'll outline some options. BM

[tipsey]

Thanks for the quick response.

I have been here since sept 2007.

From Sept till Dec I was on a temp contract through an agency. From Jan this year I have been a perm member of staff direct with my employer.

[buildersmate]

OK the temporary contract through an agency doesn't count - your employer was the agency.
Well you should have had a written statement of employment particulars by now so your employer is in breach of that.
Perhaps find out from other staff whether this business of closing over Bank Holidays has been sprung on people for the first time this year.
Even if it is, to be honest, your options are rather limited. because you don't have 12 months of continuous employment, you could not normally bring a claim for unfair dismissal. So legally you don't have much power. 1) You could resign, of course. 2) You could escalate the situation by pointing out that the employer is in breach of employment law by not providing you written statement of particulars and maybe threaten to talk to the local press (who may or may not be the slightest bit interested Headline - "Local firm stands accused of breaking employment laws"? Hmm - depends what else happened locally, I suspect). 3) You could try and convince them it is a cr@p practice that is denying you the chance to plan your holidays.
What they are essentially wanting you to do is take this time as unpaid.

[tipsey]

Ok, to be honest, the building opened in Sept 2007, and is still very new, but - its part of a much bigger establishment - the problem is that myself and two other colleagues are the only ones in the building required to work weekends. So asking other members of staff may not help.

Were all stuck in the same situation, I may just tell my managers to do as they please - keep them happy. and not argue my case, waht do you think?

I have tried contacting HR - regarding this, but they keep telling me to direct my questions to my manager, who is the one who made the decision to close.