Quick question on employment law??

[SteveR1979]

Hi all,

I don't know if anyone can shed some light on this.

A friend of mine was told yesterday by their employer that they would be required to take unpaid leave for five days over Christmas. (23/24/29/30/31 Dec)

According to the ACAS website, the employer is required by law to give at least 2 working days notice for each day of leave required. In this case only four working days notice has been given.

The business is a home run, family business and is not fully closed over Christmas. The employee was aware that they would be taking some time off over Christmas however there was a verbal agreement in place that no holiday would be deducted from their entitlement. This has since changed due to a breakdown in the working relationship.

Can anyone shed any light on whether the employee has any rights pertaining to this notice that should have been adhered to?

Any thoughts would be appreciated

Thanks!

[Drumroll]

What does your friend want? Like many things especially when it employment law, being in the right doesn't necessarily achieve anything in the long term.

[SteveR1979]

Drumroll said:

What does your friend want? Like many things especially when it employment law, being in the right doesn't necessarily achieve anything in the long term.

They just want to be treated fairly. If the employer hasn’t given the correct notice, can the employee pursue this as an unlawful deduction of wages? After all, the employee will now unexpectedly be out of pocket over the Christmas period.

[MrsMiggins]

What's your definition of working day?

[Drumroll]

SteveR1979 said:

Drumroll said:

What does your friend want? Like many things especially when it employment law, being in the right doesn't necessarily achieve anything in the long term.

They just want to be treated fairly. If the employer hasn’t given the correct notice, can the employee pursue this as an unlawful deduction of wages? After all, the employee will now unexpectedly be out of pocket over the Christmas period.

The problem as I see it is firstly, is your friend 100% sure that what he has read is actually what the law states? Because from what you have written it could be interpreted that as we are currently at Tuesday they have given more than the 2 days required for the first day and as the others follow that, they have given the required days for those as well. The fact they won't actually be at work is irrelevant.

[Matt_E_Mulsion]

Would the employee in question be happy to work every weekday over Christmas and just to have Christmas Day and Boxing Day off?

[Graveworm]

SteveR1979 said:

Hi all,

I don't know if anyone can shed some light on this.

A friend of mine was told yesterday by their employer that they would be required to take unpaid leave for five days over Christmas. (23/24/29/30/31 Dec)

According to the ACAS website, the employer is required by law to give at least 2 working days notice for each day of leave required. In this case only four working days notice has been given.

The business is a home run, family business and is not fully closed over Christmas. The employee was aware that they would be taking some time off over Christmas however there was a verbal agreement in place that no holiday would be deducted from their entitlement. This has since changed due to a breakdown in the working relationship.

Can anyone shed any light on whether the employee has any rights pertaining to this notice that should have been adhered to?

Any thoughts would be appreciated

Thanks!

Those dates look a bit odd for a regular working week as the 29th for example is a Sunday. However on the face of it it's technically the 23rd and 24th as one period of leave - so 4 days notice which they had, with a (short) return to work, then a second period of leave of 3 days starting on the 29th so more than 6 days notice.

[FWIW]

Tell your friend to start looking for a new job.

[Pegscratch]

FWIW said:

Tell your friend to start looking for a new job.

This. You mention a breakdown in the working relationship; you’re free to divulge details if you desire but the general theme of these sorts of things is the employer makes a legal, legitimate but morally harsh request and the employee takes it personally. What this does mean though is that as has been demonstrated above you’re scrapping over minor ambiguities in law that are likely to have been tested previously but that you’re not going to get an answer on before the enforced leave comes into effect. You then may pursue this in court if you so wish but any victory is likely to be pyrrhic as if the working relationship is broken then it’s time to cut losses and move on.

The last point would be my suggestion. Suck it up, make whatever financial sacrifices are necessary to accommodate the reduction in wages and find somewhere new to work as soon as possible.