Another holiday entitlement question
Discussion
My son has just been told by his employer that they have decided to close their warehouse for an additional two days over the Christmas period and that
1) Those employees with remaining holiday entitlement should use two days to cover this period
2) Those employees without holiday entitlement must take the days off unpaid
My son had already used all of his holiday, so is facing losing two days wages
The employer only decided this in October, so many employees had no ability to arrange their holidays to allow for the additional days
My son is happy to work (and fully expected to be working)
The question is - can they legitimately make my son take the holidays un-paid, or are they obliged (morally and/or legally) to pay him what he would have earned had he attended work?
It feels like the employer can't move the goal-posts like this, but I wanted to check the legal position before wading in
1) Those employees with remaining holiday entitlement should use two days to cover this period
2) Those employees without holiday entitlement must take the days off unpaid
My son had already used all of his holiday, so is facing losing two days wages
The employer only decided this in October, so many employees had no ability to arrange their holidays to allow for the additional days
My son is happy to work (and fully expected to be working)
The question is - can they legitimately make my son take the holidays un-paid, or are they obliged (morally and/or legally) to pay him what he would have earned had he attended work?
It feels like the employer can't move the goal-posts like this, but I wanted to check the legal position before wading in
Yes they can. And only need to give 2 days notice for every day they want you to be off.
https://worksmart.org.uk/work-rights/hours-and-hol...
Edited to add - he won't be working those two days, so absent of any paid leave he will get no pay.
https://worksmart.org.uk/work-rights/hours-and-hol...
Edited to add - he won't be working those two days, so absent of any paid leave he will get no pay.
Edited by FunkyGibbon on Tuesday 27th November 09:16
Thanks for the info - very useful
Can you see my point though? If the employer had said at the beginning of the year that they were going to close for five days at Christmas, instead of the usual three, my son would have organised his remaining holiday to suit. The fact that they have imposed the holiday means that some people with no remaining holiday entitlement will be losing two day's pay
It might be legal, but its not very fair....
Can you see my point though? If the employer had said at the beginning of the year that they were going to close for five days at Christmas, instead of the usual three, my son would have organised his remaining holiday to suit. The fact that they have imposed the holiday means that some people with no remaining holiday entitlement will be losing two day's pay
It might be legal, but its not very fair....
Nigel_O said:
Thanks for the info - very useful
Can you see my point though? If the employer had said at the beginning of the year that they were going to close for five days at Christmas, instead of the usual three, my son would have organised his remaining holiday to suit. The fact that they have imposed the holiday means that some people with no remaining holiday entitlement will be losing two day's pay
It might be legal, but its not very fair....
I kind of see your point from his cash flow point of view, however he has gained 2 days where he does not need to attend work, therefore from a company point of view why do they have to pay again just because he has no leave left? If they did, would they take pay from those that had leave left? Note those with leave left which they may have been saving up for next year have lost 2 paid days leave, which might scupper their plans. A PITA I agree, but it swings both ways.Can you see my point though? If the employer had said at the beginning of the year that they were going to close for five days at Christmas, instead of the usual three, my son would have organised his remaining holiday to suit. The fact that they have imposed the holiday means that some people with no remaining holiday entitlement will be losing two day's pay
It might be legal, but its not very fair....
If the loss of 2 days pay in his December pay would cause him a cash flow issue, I'd expect the company to be sympathetic about this and spread the loss of pay over a few months,or even delay it until later.
In the past (education setting) I used to agree to the required closed days being a holiday bonus - a free gift, However, the unions got shirty as this only benefited staff on full time 52 week contracts. Staff on term term time only did not get this bonus (not that they needed it) and it was deemed unfair, and had to stop.
Having re-read the link above, it doesn't quite apply
I agree that an employer can dictate when an employee should use his holiday entitlement. What an employer cannot do is force an employee to take unpaid holiday outside of their holiday entitlement (as this breaches the employee's contract of employment which states the employee will work 40 hours per week)
Common sense has prevailed however, as the employer has decided to allow my son to work the hours at different times, so he won't lose any pay.
I agree that an employer can dictate when an employee should use his holiday entitlement. What an employer cannot do is force an employee to take unpaid holiday outside of their holiday entitlement (as this breaches the employee's contract of employment which states the employee will work 40 hours per week)
Common sense has prevailed however, as the employer has decided to allow my son to work the hours at different times, so he won't lose any pay.
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